John Fox v. Thomas Maguire, William Stern, Terry Williams and John Doe(s)--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOHN FOX,

Appellant,

v.

THOMAS MAGUIRE, WILLIAM STERN, TERRY WILLIAMS, AND JOHN DOE(S),

Appellees.

No. 08-05-00113-CV

Appeal from the

327th District Court

of El Paso County, Texas

(TC#2003-4386)

MEMORANDUM OPINION

This Court is in receipt of Appellant s Response to Notice of Intent to Dismiss entitled by Appellant as Motion to Show Cause. Based upon the response submitted, it appears that this Court lacks jurisdiction over this matter for the reason that the matter appealed from is not a final appealable order. Appellant is attempting to appeal the Order Denying Plaintiff s Motion to set aside Mediation issued by the trial court and contends that he is entitled to an accelerated appeal of the trial court s decision on an interlocutory basis. Because the order appealed from is not a final appealable order for purposes of invoking the jurisdiction of this Court, this Court, on its own motion, moves to dismiss this appeal and denies Appellant s Motion to Show Cause as moot. This Court, therefore, pursuant to Tex. R. App. P. 42.3(a) dismisses this appeal for want of jurisdiction.

RICHARD BARAJAS, Chief Justice

May 5, 2005

Before Barajas, C.J., McClure, and Chew, JJ.

Chew, J., not participating