Noel Gevara v. Coporal Walsch, et al--Appeal from 166th Judicial District Court of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-10-00820-CV

Case Date: 12/29/2010

Plaintiff: Noel Gevara

Defendant: Coporal Walsch, et al--Appeal from 166th Judicial District Court of Bexar County

Preview:MEMORANDUM OPINION
No. 04-10-00820-CV Noel GEVARA, Appellant v. Coporal WALSCH, et al., Appellees From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CI-12682 Honorable Martha Tanner, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: December 29, 2010 DISMISSED FOR LACK OF JURISDICTION A copy of appellant's notice of appeal was filed in this court on November 10, 2010. In the notice, appellant states that he wants to appeal "the notice which the staff attorney has imposed upon the plaintiff." On November 16, 2010, the trial court clerk filed a notification of late record stating the clerk's record has not been filed in this appeal because no order or judgment has been signed by the trial court in the underlying cause. A judgment or order that does not dispose of all parties and causes of action is not final and appealable. See Houston

04-10-00820-CV

Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693 (Tex. 1986); Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). On November 17, 2010, we ordered appellant to show cause in writing by December 3, 2010, why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond to our order. Because no final and appealable judgment or order has been signed in the

underlying cause, this appeal is dismissed for lack of jurisdiction. PER CURIAM

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