Jezreel Djuan Mark v. State of Texas--Appeal from 217th District Court of Angelina County

State: Texas

Court: Texas Northern District Court

Docket No: 06-00-00175-CR

Case Date: 12/11/2001

Plaintiff: Cary Moore Cochran

Defendant: State of Texas--Appeal from 2nd District Court of Cherokee County

Preview:Allen J. Falby v. William Satterwhite, Jr. and Alan S. Percely--Appeal from 136th District Court of Jefferson County
IN THE TENTH COURT OF APPEALS

No. 10-04-00240-CV Allen J. Falby, Appellant v. William Satterwhite, Jr. and Alan S. Percely, Appellees

From the 136th District Court Jefferson County, Texas Trial Court # D-166054 MEMORANDUM Opinion

Allen J. Falby filed suit against William Satterwhite, Jr. and Alan Percely. The trial court granted Percely s no evidence motion for summary judgment. Falby attempts to appeal that order. The Ninth Court of Appeals, from which this case was transferred to this Court, recognized that the order was not a final, appealable order and gave notice to Falby that questioned the Court s jurisdiction. Falby had until September 13, 2004 to address this jurisdictional concern. It is clear from the trial court s order and Falby s response that the order is not final and appealable. Lehmann v. HarCon Corp., 39 S.W.3d 191, 205 (Tex. 2000). Thus, this appeal is dismissed for want of jurisdiction. Tex. R. App. P. 42.3(a). TOM GRAY Chief Justice

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Before Chief Justice Gray, Justice Vance, and Justice Reyna Appeal dismissed Opinion delivered and filed September 22, 2004 [CV06]

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