Reed v. Lindeau

Full title: ZOE ANN REED, AS GUARDIAN OF VERA MARCIA REED, AND PAULA REED TOLLETT, AS…

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

Date published: Jan 15, 2004

No. 02-03-301-CV (Tex. App. Jan. 15, 2004)

Opinion

No. 02-03-301-CV

Delivered: January 15, 2004.

Appeal from the 67th District Court of Tarrant County.

Attorney(s) for Appellants: Mark S. Stewart Assoc., P.C. and Mark S. Stewart of Fort Worth, Texas.

Attorney(s) for Appellees: Kroger, Myers, Frisby Hirsch and David J. Coates of Houston, Texas.

Panel D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

MEMORANDUM OPINION ¹

1 See Tex.R.App.P. 47.4.

PER CURIAM

Appellants Zoe Ann Reed as guardian and representative of Vera Marcia Reed and Paula Reed Tollett as next friend and representative of Vera Marcia Reed filed a notice of appeal from a summary judgment. Our review of the record revealed that the September 15, 2003 order granting summary judgment does not dispose of Westchester Retirement Communities, Incorporated d/b/a Westchester Plaza. Because the summary judgment order does not dispose of all parties in the case and does not appear to be a final appealable order,² we sent the parties a letter communicating our concerns that we may have no jurisdiction over this appeal and requesting a response showing grounds for continuing the appeal. Neither party responded. Accordingly, we dismiss the appeal for want of jurisdiction.³

2 See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192-93 (Tex. 2001).

3 See Tex.R.App.P. 42.3(a).