K.C. Roofing, Inc. and Cassimiro Cruz v. Maria Lorenzo and Rick Lorenzo--Appeal from 225th Judicial District Court of Bexar County

No. 04-98-00855-CV
K.C. ROOFING, INC. d/b/a Cloud Roofing and

Casimiro Cruz a/k/a Cassiniro Curez,

Appellants
v.
Maria LORENZO, Rick Lorenzo, and Home Insurance Company,
Appellees
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 96-CI-09905
Honorable Andy Mireles, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: November 12, 1998

DISMISSED FOR LACK OF JURISDICTION

The trial court dismissed the appellees' suit for want of prosecution, but it later reinstated the case. The appellants appeal the trial court's reinstatement order, alleging the court acted outside its plenary power. The proper remedy in such a situation is a petition for writ of mandamus, not an appeal. City of McAllen v. Ramirez, 875 S.W.2d 702, 704 (Tex. App.--Corpus Christi 1994, no writ). The appellants apparently recognized the jurisdictional defect because their notice of appeal asks us to construe the document as a petition for writ of mandamus. Because the notice of appeal fails to comply with Tex. R. App. P. 52, we decline to read it as a petition for writ of mandamus. Accordingly, we dismiss this appeal for lack of jurisdiction. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988).

PER CURIAM

DO NOT PUBLISH

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