Carlos Penichet v. Carmelo Otero, M.D.--Appeal from 45th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00088-CV

Carlos PENICHET,

Appellant

v.

Carmelo OTERO, M.D. ,

Appellee

From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-13437

Honorable Andy Mireles, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez , Chief Justice

Phylis J. Speedlin , Justice

Rebecca Simmons, Justice

Delivered and Filed: July 26, 2006

DISMISSED

From our initial review of the record it appeared that the order sought to be appealed is interlocutory because it does not dispose of the appellant's claims against appellee. Therefore, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant failed to respond. Based on our review of the record, we conclude that the order granting appellee's motion for sanctions for discovery abuse signed on January 5, 2006, is not a final and appealable order because it does not dispose of all parties and causes of action in this suit. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205-06 (Tex. 2001). Orders which impose discovery sanctions are reviewable on appeal from the final judgment, not through an interlocutory appeal. Tex. R. Civ. P. 215.1(d); Velez v. DeLara, 905 S.W.2d 43, 45 (Tex. App.--San Antonio 1995, no writ). Therefore, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a). Costs of appeal are taxed against appellant.

PER CURIAM