Todd Womack v. Edith Womack Appeal from 32nd District Court of Mitchell County (memorandum opinion per curiam)
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Opinion filed October 23, 2014 In The Eleventh Court of Appeals __________ No. 11-14-00065-CV __________ TODD WOMACK, Appellant V. EDITH WOMACK, Appellee On Appeal from the 32nd District Court Mitchell County, Texas Trial Court Cause No. 16,266 MEMORANDUM OPINION Appellant, Todd Womack, filed a notice of appeal from an order in which the trial court granted Edith Womack s motion for summary judgment and dismissed Appellant s claims with prejudice. When the clerk s record was filed in this case, this court questioned the finality of that order and, on May 22, 2014, notified the parties that the order being appealed did not appear to be a final, appealable order because it did not dispose of the claims for affirmative relief asserted by Edith Womack against Appellant. We requested that Appellant file a response showing grounds to continue this appeal. After Appellant failed to file a response, we abated the appeal to permit the trial court to enter a final, appealable order. We gave the parties until October 3, 2014, to obtain a final order or judgment. As of this date, no final judgment has been entered. The trial court has informed this court by letter that Edith Womack s claim for affirmative relief remains pending in the trial court. Therefore, for the reasons stated in the abatement order that this court issued on September 11, 2014, we have no jurisdiction to entertain this appeal at this time. Accordingly, we dismiss the appeal because we have no jurisdiction and because the parties have failed to obtain a final judgment by October 3, 2014, as requested. See TEX. R. APP. P. 42.3. This appeal is dismissed. PER CURIAM October 23, 2014 Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2
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