DeWayne Rogers Logging, Inc. v. Deere & Company, d/b/a John Deere Company--Appeal from 411th District Court of Trinity County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-07-00120-CV
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DEWAYNE ROGERS LOGGING, INC., Appellant
V.
DEERE & COMPANY, d/b/a JOHN DEERE COMPANY, Appellee
On Appeal from the 411th Judicial District Court
Trinity County, Texas
Trial Court No. 18257
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

This is an appeal brought by DeWayne Rogers Logging, Inc., from a summary judgment. On our review of the clerk's record, we noted there was a possible defect in our jurisdiction because several parties and issues were not disposed of. On November 2, 2007, we mailed a letter to the appellant requesting that it show this Court how we had jurisdiction over this appeal. In response, on November 12, we received a letter from appellant's counsel stating that the judgment was not final and that a supplemental clerk's record would be filed when the appropriate documents were signed by the trial court finally disposing of all issues and all parties.

We have now been contacted by telephone by appellant's counsel and have again been informed that this is an interlocutory appeal. In that conversation, counsel has requested this Court to dismiss the appeal for want of jurisdiction.

Pursuant to Rule 42.3 of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: December 13, 2007

Date Decided: December 14, 2007