Presby T. Martin and Thelma R. Martin v. Nissan Motor Acceptance Corporation--Appeal from 202nd District Court of Bowie County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00099-CV
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PRESBY T. MARTIN AND THELMA R. MARTIN, Appellants
V.
NISSAN MOTOR ACCEPTANCE CORPORATION, Appellee
On Appeal from the 202nd Judicial District Court
Bowie County, Texas
Trial Court No. 02C0716-202
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Presby T. Martin and Thelma R. Martin have appealed from a judgment rendered against them in a lawsuit brought by the Nissan Motor Acceptance Corporation in connection with a loan and the purchase of an automobile. The summary judgment specifically grants relief against defendant, Presby Martin. It does not contain a Mother Hubbard clause.

The judgment does not, in any respect, refer to or dispose of Nissan's claims against codefendant, Thelma Martin, and no severance has been sought in this case. When a party is not disposed of by a judgment, it is not final, and generally, only final decisions of trial courts are appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).

On July 23, 2003, we wrote a letter to the parties informing them it appeared the judgment was not final and inviting them to, within ten days, show this Court how we had jurisdiction over the appeal. We also warned the parties that, if a final judgment was not shown to exist, we had no jurisdiction and would be required to dismiss the appeal.

We have received no response from any source. Based on the record before us, we conclude the judgment is not final and dismiss the appeal.

We dismiss the appeal for want of jurisdiction.

 

Jack Carter

Justice

 

Date Submitted: August 18, 2003

Date Decided: August 19, 2003