LAIN v. MILLER

Full title: TAMMIE D. LAIN AND ERIN JONES, APPELLANTS v. WICHITA COUNTY COMMISSIONER…

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Jan 10, 2008

No. 02-07-341-CV (Tex. App. Jan. 10, 2008)

Opinion

No. 02-07-341-CV

Delivered: January 10, 2008.

Appeal from the 89^th District Court of Wichita County.

PANEL D: McCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

MEMORANDUM OPINION ¹ AND JUDGMENT

1 See TEX. R. APP. P. 47.4.

PER CURIAM.

We have received the parties' "Agreed Motion To Dismiss Appeal And Remand To Trial Court" which states that the appeal is "premature" because the claims against appellee in his individual capacity remain pending in the trial court. Because there is no final judgment or appealable interlocutory order, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).