Terry Wicker v. Arvin Industries, Inc., Burns International, General Refractories Company, Maremont Corporation, Metropolitan Life Insurance Company, Riley Stoker Corporation--Appeal from 153rd District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-05-175-CV

TERRY WICKER APPELLANT

V.

ARVIN INDUSTRIES, INC., BURNS APPELLEES

INTERNATIONAL, GENERAL

REFRACTORIES COMPANY,

MAREMONT CORPORATION,

METROPOLITAN LIFE INSURANCE

COMPANY, RILEY STOKER

CORPORATION

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FROM THE 153RD DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION1

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Appellant Terry Wicker is attempting to appeal the trial court s order granting summary judgment in favor of appellee Metropolitan Life Insurance Company. Because this order is not appealable, we will dismiss the appeal for want of jurisdiction.

On May 19, 2005, we notified Wicker of our concern that this court lacked jurisdiction over the appeal because the order is a partial summary judgment that does not dispose of all parties in the case and does not appear to be a final, appealable interlocutory order. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192-93 (Tex. 2001). Additionally, we informed Wicker that the trial court had confirmed that no severance order has been signed severing his case against Metropolitan Life Insurance Company from his case against the other defendants. We also informed Wicker that the appeal was subject to dismissal unless he or any party desiring to continue the appeal filed a response with this court showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). We have not received any response.

Because there is no final judgment or appealable interlocutory order, we dismiss this case for want of jurisdiction. See Tex. R. App. P. 42.3(a); 43.2(f).

PER CURIAM

PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED: June 23, 2005

NOTES

1. See Tex. R. App. P. 47.4.