Opinion
No. 04-16-00341-CV
06-21-2016
Monica GUERRA, Individually and on behalf of the Estate of Gilberto Guerra and as Next Friend of Naomi Guerra, et al., Appellants v. FOWLER TRANSPORTATION, LTD., et al, Appellee
From the 293rd Judicial District Court, Dimmit County, Texas
Trial Court No. 15-08-12674-DCV
Honorable Cynthia L. Muniz, Judge Presiding
ORDER
Appellants seek to appeal an order signed on April 14, 2106 granting summary judgment in favor of defendant Fowler Transportation, Ltd. It appears from the clerk's record that the summary judgment is interlocutory because it does not dispose of the pending claims against the other defendants Eduardo Salazar, the personal representative of the Estate of Eduardo Salazar, and the heirs of Eduardo Salazar, and no severance order appears in the record. A summary judgment that does not dispose of all parties and causes of action is not final and appealable. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). It is therefore ORDERED that appellants show cause in writing within fifteen (15) days from the date of this order why this appeal should not be dismissed for lack of jurisdiction.
The clerk's record was filed on June 8, 2016 and there is no reporter's record; therefore, the appellant's brief is currently due on July 8, 2016. However, it is ORDERED that the briefing schedule shall be SUSPENDED pending our determination of whether we have jurisdiction over this appeal.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of June, 2016.
/s/_________
Keith E. Hottle
Clerk of Court