R&RC, LLC and Ramiro C. Ramirez v. Bexar Trading CompanyAppeal from 45th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00088-CV R&RC, LLC and Ramiro C. Ramirez, Appellants v. BEXAR TRADING BEXAR TRADING COMPANY, Appellee From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CI-20550 Honorable Barbara Hanson Nellermoe, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: September 18, 2013 DISMISSED FOR LACK OF JURISDICTION On August 19, 2013, appellee filed a motion to dismiss this appeal, asserting the judgment is not a final judgment because the trial court has not determined the amount of attorneys fees to be awarded. After examining the record, this court issued an order on August 21, 2013, requiring appellants to file a response to appellee s motion no later September 3, 2013. On September 4, 2013, appellee filed a motion for extension of time to file its brief, requesting that the deadline for filing its brief be extended until after this court rules on its motion to dismiss. The appellee s motion stated that appellants indicated to appellee that they did not 04-13-00088-CV intend to respond to this court s order. In response to an inquiry by a deputy clerk regarding the status of the appellants response to this court s order, appellants attorney stated that he agreed that the judgment was not final and the appeal was prematurely filed. Because no final judgment has been signed in the underlying cause, this appeal is dismissed for lack of jurisdiction. See Houston Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693 (Tex. 1986); Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). Costs of the appeal are taxed against appellants. PER CURIAM -2-

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