M&M Elevator Company, Ltd. v. Oilfield Fishing and Rental, L.L.C.Appeal from 244th District Court of Ector County (memorandum opinion per curiam)

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Opinion filed May 23, 2013 In The Eleventh Court of Appeals __________ No. 11-13-00011-CV __________ M&M ELEVATOR COMPANY, LTD., Appellant V. OILFIELD FISHING & RENTAL, L.L.C., Appellee On Appeal from the 244th District Court Ector County, Texas Trial Court Cause No. C-128,532-C MEMORANDUM OPINION This court notified the parties by letter dated February 15, 2013, that it did not appear to this court that the trial court had entered a final, appealable judgment. On March 21, 2013, this court issued an abatement order in which we explained why the trial court s order was not final and appealable and why we had no jurisdiction over the appeal absent a final, appealable order. We abated the appeal so that a final judgment could be rendered. We also informed the parties as follows: If a final, appealable judgment has not been entered by April 15, 2013, this court may dismiss this appeal. As of today, a final judgment still has not been rendered below. Consequently, we dismiss the appeal. PER CURIAM May 23, 2013 Panel consists of: Wright, C.J., McCall, J., and Hill. 1 Willson, J., not participating. 1 John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment. 2

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