Opinion
No. 04-05-00802-CV
Delivered and Filed: January 18, 2006.
Appeal from the 406th Judicial District Court, Webb County, Texas, Trial Court No. 2002-Cvq-000219-D4, Honorable Oscar J. Hale, Jr., Judge Presiding.
Dismissed for Lack of Jurisdiction.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Appellants seek to appeal the trial court's order of October 18, 2005, granting Appellee Conseco Financing Corporation f/k/a Green Tree Financial Corporation's plea to the jurisdiction. In reviewing the clerk's record, it appears that appellants' claims against the other defendants, A M Dream Homes, Inc. d/b/a American Dream Homes and San Juanita Garcia a/k/a Juanita Garcia, are still pending; and, no severance order appears in the record. An order that does not dispose of all parties and causes of action is not final and appealable. See Houston Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693 (Tex. 1986); see also Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
Moreover, appellants may not appeal from the trial court's interlocutory order granting Conseco Financing Corporation's plea to the jurisdiction because the order was not one that grants or denies "a plea to the jurisdiction by a governmental unit . . ." Tex. Civ. Prac. Rem. Code Ann. § 51.014 (a)(8) (Vernon Supp. 2004-05) (emphasis added).
We, therefore, ordered appellants to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellants have failed to respond. We, therefore, DISMISS this appeal for lack of jurisdiction.