APPELLANT v. APPELLEES (2011)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

Appellant Sun Purcell attempts to appeal from the trial court's order granting Appellee Max Bishop's motion for summary judgment.   On April 11, 2011, we notified Appellant that we were concerned that we lacked jurisdiction over the appeal because the summary judgment, which disposes of only one of two defendants, appears to be neither a final judgment nor an appealable interlocutory order.²  We stated that this appeal was subject to dismissal absent a response by April 21, 2011, showing grounds for continuing the appeal.   Appellant's response does not show grounds for continuing the appeal.   Accordingly, because the summary judgment is neither a final judgment nor an appealable interlocutory order, we dismiss this appeal for want of jurisdiction.³

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED:  May 12, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

FN2. See Lehmann v. Har–Con Corp., 39 S.W.3d 191, 192–93, 195 (Tex.2001);  see also Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a) (Vernon 2008)..  FN2. See Lehmann v. Har–Con Corp., 39 S.W.3d 191, 192–93, 195 (Tex.2001);  see also Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a) (Vernon 2008).

FN3. See Tex.R.App. P. 42.3(a), 43.2(f)..  FN3. See Tex.R.App. P. 42.3(a), 43.2(f).