Opinion
No. 10-04-00240-CV
Opinion delivered and filed September 22, 2004.
Appeal from the 136th District Court, Jefferson County, Texas, Trial Court # D-166054.
Appeal dismissed.
Allen J. Falby, Pro Se, Beaumont, TX, for Appellant.
William Satterwhite, Jr., Pro Se; Michael A. Lamson, Lamson Looney, P.C., Houston, TX, for Appellee.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM Opinion
Allen J. Falby filed suit against William Satterwhite, Jr. and Alan Percely. The trial court granted Percely's no evidence motion for summary judgment. Falby attempts to appeal that order.
The Ninth Court of Appeals, from which this case was transferred to this Court, recognized that the order was not a final, appealable order and gave notice to Falby that questioned the Court's jurisdiction. Falby had until September 13, 2004 to address this jurisdictional concern.
It is clear from the trial court's order and Falby's response that the order is not final and appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2000).
Thus, this appeal is dismissed for want of jurisdiction. TEX. R. APP. P. 42.3(a).