Opinion
No. 05-05-01315-CV
Opinion issued January 30, 2006.
On Appeal from the 116th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 04-03745.
Dismissed.
Before Justices WHITTINGTON, BRIDGES, and LANG-MIERS.
MEMORANDUM OPINION
Basil and Yvonne Brown appeal the trial court's order against them. Because the order does not dispose of all parties and issues, we dismiss the appeal for want of jurisdiction.
Appellants sued Amateur Athletic Union (AAU), Basketball Congress International (BCI), USA Hoops, Susan Lewis McCann, Michael Turner, Wes Grandstaff, Rhona Grandstaff, and Brock B. Crawford after Basil Brown was not allowed to register his team for a basketball tournament.
On June 14, 2005, the trial court signed an order granting the summary judgment motion of BCI, USA Hoops, and Crawford, but it specifically left pending those appellees' counterclaims against appellants. Appellants appealed this order. An order or judgment must be final before it can be appealed, except in circumstances not applicable here. See Martinez v. Humble Sand Gravel, Inc., 875 S.W.2d 311, 312 (Tex. 1994). An order or judgment is final when it disposes of all claims asserted by and against all parties. Id.
On December 19, 2005, the Court sent appellants a letter notifying them that it had questions concerning its jurisdiction. The Court explained that the clerk's record contained no order or judgment disposing of AAU, McCann, Turner, the Grandstaff defendants, or the counterclaims against appellants. Appellants were given until January 19, 2006 to provide a supplemental clerk's record containing orders disposing of the above parties and claims. Appellants were warned that their failure to provide the requested information could lead to dismissal of the appeal without further notice.
As of this date, appellants have not responded to our request. Consequently, because our record does not show that we have a final judgment, we dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a).