In the Estate of Jose Garcia, Deceased--Appeal from Probate Court No 2 of Bexar County

MEMORANDUM OPINION
No. 04-07-00123-CV
IN THE ESTATE OF JOSE GARCIA, DECEASED
From the Probate Court No. 2, Bexar County, Texas
Trial Court No. 2006-PC-1930-A
Honorable Tom Rickhoff, Judge Presiding

PER CURIAM

 

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

 

Delivered and Filed: March 28, 2007

 

DISMISSED FOR WANT OF JURISDICTION

On October 26, 2006, Elizabeth Lipsey, Independent Executrix of the Estate of Jose Garcia, filed a declaratory judgment action seeking "a confirmation of Plaintiff's ownership in and in order to quiet title to property in which the Plaintiff has an interest" against Brandon Garcia, Ashley Burns, Nicanor Garcia, Anna Garza, Angelina Garcia Esquivel, Rosa Garcia Escamilla, Roberto Garcia, Maria Galvan, Geronimo Garcia, Consejo Garcia, Alicia Prince, and Genaro Cabrera. On January 8, 2007, Lipsey obtained a no-answer default judgment against Angelina Garcia Esquivel. The trial court expressly noted that the default judgment did not dispose of Lipsey's claims against any of the other persons named as a defendant in the underlying petition for declaratory relief.

After the trial court entered the default judgment against Esquivel, however, Roberto Garcia filed a notice of appeal. We subsequently ordered Garcia to show cause in writing why this appeal should not be dismissed for want of jurisdiction because the trial court's judgment fails to dispose of the pending claim against Garcia. See generally N. E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966) (recognizing that an appeal may only be prosecuted from a final judgment and that to be final a judgment must dispose of all issues and parties in a case). Although Garcia responded to our order on March 12, 2007, he provided no basis upon which this court can obtain jurisdiction over his appeal. Consequently, we must dismiss the appeal for want of jurisdiction.

PER CURIAM