Eric C. Smalley, Independent Administrator of the Estate of John Hubert Smalley, III v. Lisa M. Smalley--Appeal from County Court at Law No 1 of Montgomery County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00023-CV _________________ ERIC C. SMALLEY, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JOHN HUBERT SMALLEY III, Appellant V. LISA M. SMALLEY, Appellee ________________________________________________________________________ On Appeal from the County Court at Law No. 1 Montgomery County, Texas Trial Cause No. 10-07-07970 CV ________________________________________________________________________ MEMORANDUM OPINION Appellee, Lisa M. Smalley, filed a motion to dismiss the appeal of Eric C. Smalley, Independent Administrator of the Estate of John Hubert Smalley III, from an order signed by the trial court on January 4, 2011. The trial court s order granted a motion for summary judgment but expressly reserved the issue of attorneys fees for trial. Claims remain unresolved in the trial court. Thus, the trial court s order is not appealable as a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 1 (Tex. 2001). Appellant supplied no authority that supports the exercise of appellate jurisdiction at this time. Accordingly, we dismiss the appeal for lack of jurisdiction. APPEAL DISMISSED. ________________________________ DAVID GAULTNEY Justice Opinion Delivered February 24, 2011 Before McKeithen, C.J., Gaultney and Kreger, JJ. 2
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