Ornelas, Socorro, Individually, and on Behalf of Cynthia Ornelas, a Minor Child v. Housing Authority of the City of El Paso, Texas--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

SOCORRO ORNELAS, INDIVIDUALLY )

AND ON BEHALF OF CYNTHIA ORNELAS, )

A MINOR CHILD, ) No. 08-02-00171-CV

)

Appellant, ) Appeal from

)

v. ) 327th District Court

)

HOUSING AUTHORITY OF THE CITY ) of El Paso County, Texas

OF EL PASO, )

) (TC# 2001-259)

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O P I N I O N

The opinion issued on September 19, 2002 is withdrawn and the following is issued in its stead.

In the opinion issued on September 19, 2002, the Court dismissed the appeal for want of prosecution because Appellant failed to file a brief. The parties have filed joint motions to reconsider and to dismiss the appeal as interlocutory. We grant the joint motion to reconsider and withdraw our prior opinion and judgment. Further, we grant the joint motion to dismiss the appeal as interlocutory and dismiss the appeal for want of jurisdiction.

The parties agree that the trial court=s judgment is not a final one. It is well established that appellate courts generally have jurisdiction over final judgments and such interlocutory orders as the

legislature deems appealable. Tex.Civ.Prac.&Rem.Code Ann. ' 51.012 (Vernon 1997) and ' 51.014 (Vernon Supp. 2002); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App.--El Paso 1997, no writ). Therefore, we dismiss this interlocutory appeal for want of jurisdiction. See Pennzoil Company v. Arnold Oil Company, Inc., 30 S.W.3d 494, 498 (Tex.App.--San Antonio 2000, orig. proceeding).

October 23, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

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