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Prescott v. Prop. Trust of America

Court of Appeals of Texas, Fourth District, San Antonio
Oct 22, 2003
No. 04-03-00484-CV (Tex. App. Oct. 22, 2003)

Opinion

No. 04-03-00484-CV.

Delivered and Filed: October 22, 2003.

Appeal from the 45th Judicial District Court, Bexar County, Texas, Trial Court No. 2001-CI-17116, Honorable David Peeples, Judge Presiding.

DISMISSED FOR WANT OF JURISDICTION.

Sitting: Catherine STONE, Justice, Paul W. GREEN, Justice, Sarah B. DUNCAN, Justice.


MEMORANDUM OPINION


On August 12, 2003, we notified appellant that the judgment signed June 5, 2003 did not dispose of the claims against Steven Accordino or Rene Rios, and no severance order appears in the record. We further notified appellant that a judgment that does not dispose of all parties and causes of action is not final and appealable. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).

Appellant filed a response to our order on August 22, 2003, requesting 30 days to cure this jurisdictional defect. We notified appellant that if she failed to cure the aforementioned defect or file a motion for extension of time by September 25, 2003 we would reinstate the appeal on our own motion and dismiss the appeal for lack of jurisdiction. Appellant neither cured the defect nor filed a motion for extension of time to cure the defect by the deadline provided. It is therefore ordered that this appeal is reinstated on the docket of this court. It is further ordered that this appeal is dismissed for want of jurisdiction. See Garcia v. Comm' rs Court, 101 S.W.3d 778, 784 (Tex.App.-Corpus Christi 2003, no. pet.).


Summaries of

Prescott v. Prop. Trust of America

Court of Appeals of Texas, Fourth District, San Antonio
Oct 22, 2003
No. 04-03-00484-CV (Tex. App. Oct. 22, 2003)
Case details for

Prescott v. Prop. Trust of America

Case Details

Full title:Lisa PRESCOTT, Appellant v. PROPERTY TRUST OF AMERICA, Archstone…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Oct 22, 2003

Citations

No. 04-03-00484-CV (Tex. App. Oct. 22, 2003)