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Space Place v. Urban STG

Court of Appeals of Texas, Fourteenth District, Houston
Sep 20, 2007
No. 14-07-00457-CV (Tex. App. Sep. 20, 2007)

Opinion

No. 14-07-00457-CV

Opinion filed September 20, 2007.

On Appeal from the 80th District Court Harris County, Texas, Trial Court Cause No. 2005-77930A.

Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.


MEMORANDUM OPINION


This is an appeal from an order granting appellee's motion for no-evidence summary judgment signed February 23, 2007. Appellant advised this court that cross-claims between Urban Storage, L.P. and The Jenkins Organization, Inc., who was non-suited by appellant, remained pending in the court below. On April 7, 2006, the trial court stayed these cross-claims pending arbitration to be commenced on the final resolution of this appeal. Appellant filed a motion to sever those cross-claims so that the February 23, 2007, summary judgment order would be final and appealable. The summary judgment being appealed has now been severed into cause number 2006-77930-A. Appellant filed a new notice of appeal in the severed case, which was assigned to this court and docketed under a new appellate case number, 14-07-00717-CV. Accordingly, appellant's appeal of the summary judgment will proceed under the new case number.

This court lacks jurisdiction over the original appeal filed under case number 14-07-00457-CV because there is no final, appealable judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Moreover, the original notice of appeal has been rendered moot by the filing of a new notice of appeal from the same order in the severed action.

On August 30, 2007, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before September 10, 2007. See TEX. R. APP. P. 42.3(a). Appellant filed no response.

Accordingly, the appeal is ordered dismissed.


Summaries of

Space Place v. Urban STG

Court of Appeals of Texas, Fourteenth District, Houston
Sep 20, 2007
No. 14-07-00457-CV (Tex. App. Sep. 20, 2007)
Case details for

Space Place v. Urban STG

Case Details

Full title:SPACE PLACE, L.P., Appellant v. URBAN STORAGE, L.P. d/b/a MIDTOWN MINI…

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Sep 20, 2007

Citations

No. 14-07-00457-CV (Tex. App. Sep. 20, 2007)