Herbert Lawrence Polinard, Jr. v. Richard F. Sciaraffa and Richard F. Sciaraffa, Jr.--Appeal from 57th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-08-00310-CV Herbert Lawrence POLINARD, JR., Appellant v. Richard F. SCIARAFFA and Richard F. Sciaraffa, Jr., Appellees From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CI-01691 Honorable Janet Littlejohn, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: August 27, 2008 DISMISSED FOR LACK OF JURISDICTION From our initial review of the record it appeared that the summary judgment sought to be appealed is interlocutory because it does not dispose of the appellant s other pending claims against Richard F. Sciaraffa, Sr., and no severance order appears in the record. Therefore, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. Based on our review of the record, we conclude that the summary judgment order is not final and appealable because it does not dispose of all parties and causes of 04-08-00310-CV action in this suit. See City of Beaumont v. Guillory, 751 S.W. 2d 491, 492 (Tex. 1988); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). 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 -2-
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