Bro Bro Properties, Inc. v. Starcrest Trust--Appeal from 288th Judicial District Court of Bexar County

No. 04-00-00692-CV
BRO BRO PROPERTIES, INC.,
Appellant
v.
STARCREST TRUST,
Appellee

From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 1999-CI-16137
Honorable David Berchelmann, Jr., Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: May 9, 2001

DISMISSED FOR LACK OF JURISDICTION

After Starcrest Trust obtained a default judgment against Bro Bro Properties, Inc., Bro Bro Properties timely filed this restricted appeal and a mandamus proceeding. We subsequently held in the mandamus proceeding that the default judgment was interlocutory because it did not dispose of all parties. In re Bro Bro Properties, Inc., No. 04-00-00594-CV, 2000 WL 1877117, at *2 (Tex. App.-San Antonio Dec. 20, 2000, orig. proceeding) (not yet published). The Texas Supreme Court denied Starcrest Trust's petition for writ of mandamus on April 5, 2001. Because the default judgment is not final and appealable, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Do not publish