Ana Maria Falcon, et al. v. Transportes Aereos De Coahuila, S.A. a/k/a TACSA, et al.--Appeal from 365th Judicial District Court of Maverick County

No. 04-01-00031-CV

Ana Maria FALCON, et al.,
Appellants
v.
TRANSPORTES AEREOS DE COAHUILA, S.A. a/k/a TACSA,
Appellee
From the 365th Judicial District Court, Maverick County, Texas
Trial Court No. 97-10-14819-CV
Honorable Amado J. Abascal, III, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Alma L. L pez, Justice

Delivered and Filed: February 28, 2001

DISMISSED FOR LACK OF JURISDICTION

The appellants seek to appeal the trial court's order dismissing the appellee from the underlying lawsuit based on the mandate issued by this court in appeal number 04-99-00047-CV. See Transportes Aereos De Coahuila, S.A. v. Falcon, 5 S.W.3d 712 (Tex. App.--San Antonio 1999, pet denied). The trial court had a ministerial duty to comply with the mandate issued by this court on July 11, 2000. This court lacks any jurisdiction to recall its mandate or otherwise alter the judgment dismissing the appellee from the underlying cause. See Tex. R. App. P. 19.1, 19.3; Kacal v. Cohen, 13 S.W.3d 900 (Tex. App.--Waco 2000, no pet.). If appellants wished to withdraw their concession that specific jurisdiction was not applicable, the concession needed to be withdrawn before we lost jurisdiction to reconsider our judgment and recall our mandate. We do not have jurisdiction to consider a challenge to the mandate issued by this court on July 11, 2000, in accordance with this court's judgment in appeal number 04-99-00047-CV. Accordingly, this appeal is dismissed for lack of jurisdiction. Costs of appeal are taxed against appellants.

PER CURIAM

DO NOT PUBLISH