Opinion
No. 10-05-00286-CV
Opinion delivered and filed September 14, 2005.
Appeal fromthe 170th District Court, McLennan County, Texas, Trial Court No. 2003-2308-4.
Appeal dismissed.
Motion dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Motor Coach Industries, Inc. filed a notice of appeal from an interlocutory order granting a special appearance by third party defendant, Marcopolo, S.A. See TEX. CIV. PRAC. REM. CODE ANN. § 51.014(a)(7) (Vernon Supp. 2004-2005). In the same document as the one containing the order granting Marcopolo's special appearance, the trial court also ordered the cause against Marcopolo dismissed with prejudice, severed the third party action against Marcopolo from the original cause of action, and assigned the severed cause a separate cause number (Trial Court number 2005-2105-1).
This appeal was created by the notice of appeal filed by Motor Coach in the original case (Trial Court number 2003-2308-4). The original case remains pending in the trial court. Motor Coach also filed a notice of appeal in the severed case.
A severed action becomes a different action. See In re Dupont, 92 S.W.3d 517, 523 (Tex. 2002). After the severance, the order granting the special appearance is no longer in the original cause. There is no order in the original case over which we have interlocutory jurisdiction. Thus, we have no jurisdiction of this appeal from the original case.
Accordingly, this appeal is dismissed.
Motor Coach's motion to consolidate is dismissed as moot.