Jo Ann Guevara, as representative of the Estate of Jacob R. Guevara, Alma Guevara, as next friend of Brandy Guevara, A Minor and Brian Guevara v. Maria Alejandra Guevara--Appeal from Probate Court No 1 of Bexar County

No. 04-00-00257-CV

Jo Ann GUEVARA, as Representative of the Estate of Jacob R. Guevara,

Alma Guevara, as Next Friend of Brandy Guevara, A Minor, and Brian Guevara,

Appellants
v.
Maria Alejandra GUEVARA,
Appellee
From the Probate Court No. 1, Bexar County, Texas
Trial Court No. 95-PC-2450
Honorable Polly Jackson Spencer, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: October 25, 2000

APPEAL DISMISSED FOR LACK OF JURISDICTION

From our initial review of the record, it appeared that the order from which appellants seek to appeal does not dispose of the claims at issue in the underlying case, and thus, is not a final appealable order. See Houston Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693 (Tex. 1986). Therefore, on September 21, 2000, we ordered appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. In response, appellants argue that the trial court was without to authority to enter the order about which they complain, but they nevertheless tacitly agree that this court lacks jurisdiction over an appeal of the complained-of interlocutory order.

Because appellants attempt to appeal from an order that does not dispose of the claims at issue in the underlying case, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a). Appellee's motion to dismiss for lack of jurisdiction is granted. Because we lack jurisdiction over this appeal, we also lack jurisdiction to rule upon appellants' motion for just damages and appellants' motion to declare the judgment void.

PER CURIAM

DO NOT PUBLISH