Jessica Sanchez v. Veronica Olivas--Appeal from 34th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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JESSICA SANCHEZ, ) No. 08-06-00138-CV

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Appellant, ) Appeal from

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v. ) 34th District Court

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VERONICA OLIVAS, ) of El Paso County, Texas

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Appellee. ) (TC# 2005-1268)

MEMORANDUM OPINION

Jessica Sanchez appeals a summary judgment granted in favor of Veronica Olivas. Finding that the trial court has entered an order withdrawing the final summary judgment, we dismiss the appeal for want of jurisdiction.

The trial court granted summary judgment in favor of Olivas on May 22, 2006. The court entered an order withdrawing that judgment on May 24, 2006. Sanchez filed her timely notice of appeal that same day. The Clerk of the Court subsequently sent notice to Sanchez of our intent to dismiss the appeal due to a lack of jurisdiction and because Sanchez had not paid the required filing fee. Sanchez has not filed any response .

Appellate courts generally have jurisdiction over final judgments and such interlocutory orders as the legislature deems appealable. Tex.Civ.Prac.&Rem.Code Ann. 51.012 (Vernon 1997) and 51.014 (Vernon Supp. 2006); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App.--El Paso 1997, no writ). Given the trial court s withdrawal of the final judgment and the absence of anything in the record to indicate that the trial court has since entered a final judgment or an appealable interlocutory order, we dismiss the appeal for want of jurisdiction.

August 29, 2006

ANN CRAWFORD McCLURE, Justice

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