Dale Campbell v. Vidal Valdez and Maria Valdez, Individually and as next friend of Helsei Valdez, Ramiro Valdez and Serena Valdez--Appeal from 49th Judicial District Court of Webb County

MEMORANDUM OPINION
No. 04-02-00876-CV
Dale CAMPBELL,
Appellant
v.
Vidal VALDEZ, et al.,
Appellees
From the 49th Judicial District Court, Webb County, Texas
Trial Court No. 2001 CVE 001533D1
Honorable Manuel R. Flores, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: March 12, 2003

DISMISSED FOR LACK OF JURISDICTION

The petition filed in the underlying proceeding named the following as plaintiffs: Vidal Valdez and Maria Valdez, Individually and as Next Friend of Helsei, Ramiro, and Serena Valdez. Based on a motion for default judgment filed by the plaintiffs, the trial court entered an order granting a default judgment and awarding damages to the following: Vidal Valdez, Maria Valdez, Ranulfo Valdez, Serena Valdez, and Helsei Valdez. Ranulfo Valdez was not listed as a plaintiff in the petition, and Ramiro Valdez is not mentioned in the trial court's default judgment order. Because we were uncertain about the intent of the trial court's order with regard to finality, we abated the cause to the trial court for clarification. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001).

The trial court filed a clarification order, stating that the order entered on May 16, 2002, did not dispose of all parties. The trial court stated that it did not permit a trial amendment to add Ranulfo Valdez as a plaintiff and did not dispose of the claims of Ramiro Valdez. Based on this clarification order, appellant's motion to determine jurisdiction and/or finality of trial court's jurisdiction is GRANTED. Because the trial court's order is not a final judgment, this appeal is dismissed for lack of jurisdiction. See id.

PER CURIAM

PUBLISH