Kevin Alaimo, Appellant v. SRMOF II 2012 (2015)

Court of Appeals of Texas, Fort Worth.

Kevin Alaimo, Appellant v. SRMOF II 2012–1 Trust, U.S. Bank Trust National Association, Not in its Individual Capacity But Solely as Trustee, Appellee

NO. 02–15–00217–CV

Decided: August 13, 2015

PANEL: LIVINGSTON, C.J.; DAUPHINOT and SUDDERTH, JJ. DELIVERED: August 13, 2015

MEMORANDUM OPINION 1

Appellant Kevin Alaimo attempts to appeal the trial court's order granting the appellee's bill of review. On July 15, 2015, we notified appellant of our concern that we might not have jurisdiction because the order from which heattempted to appeal did not appear to be a final judgment or appealable interlocutory order. See Tex.R.App. P. 42.3(a); Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex.2001). We informed appellant that unless he or any party desiring to continue the appeal filed with the court, on or before July 27, 2015, a response showing grounds for continuing the appeal, the appeal would be dismissed for want of jurisdiction.

Appellant responded, agreeing that the order did indeed appear to be interlocutory and that he did not intend to proceed with this appeal. Therefore, we dismiss this appeal for want of jurisdiction. See Tex.R.App. P. 42.3(a), 43.2(f).

FOOTNOTES

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

BONNIE SUDDERTH, JUSTICE

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