Charles Ray Mason v. Arthur J. Wood, et al--Appeal from 411th District Court of Polk County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00387-CV _________________ CHARLES RAY MASON, Appellant V. ARTHUR J. WOOD, et al., Appellees _____________________________________________________________________ On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV24,101 _____________________________________________________________________ MEMORANDUM OPINION On September 2, 2010, the Court notified the parties that our jurisdiction was not apparent from the notice of appeal, and warned the parties that the appeal would be dismissed unless our jurisdiction was established. In response, the appellant concedes that the trial court has not signed a final order in this case. The order signed by the trial court on June 24, 2010, grants the defendants motion to dismiss a deceptive trade practices claim but denies the motion to dismiss claims relating to due process, Texas Tort Claims Act, Theft Liability Act, fraud, and conspiracy. No final judgment has issued. Subject to certain statutory exceptions not 1 applicable in this case, only final judgments are appealable. TEX. CIV. PRAC. & REM. CODE ANN. ยง 51.012 (Vernon Supp. 2010). Accordingly, we hold the jurisdiction over this case is still vested in the trial court. The appeal is dismissed for want of jurisdiction. APPEAL DISMISSED. ________________________________ CHARLES KREGER Justice Opinion Delivered October 7, 2010 Before McKeithen, C.J., Kreger and Horton, JJ. 2
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