Darren S. Fallis and wife Stacy D.Fallis v. River Mountain Ranch Property Owners Association, Inc.--Appeal from County Court at Law of Kendall County

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i i i i i i MEMORANDUM OPINION No. 04-08-00574-CV Darren S. FALLIS and Stacy D. Fallis, Appellants v. RIVER MOUNTAIN RANCH PROPERTY OWNERS ASSOCIATION, INC. Appellee From the County Court at Law, Kendall County, Texas Trial Court No. 07-307-CCL Honorable Bill R. Palmer, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: November 5, 2008 DISMISSED FOR LACK OF JURISDICTION On September 15, 2008, noting that the trial court s May 7, 2008, order granting Appellee River Mountain Ranch Property Owners Association s motion for summary judgment did not appear to be a final order, we ordered appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. 04-08-00574-CV Since that time, on October 1, 2008, the trial court, upon further review, withdrew and vacated its May 7, 2008, order granting summary judgment and set the case for trial. We, therefore, dismiss this appeal for lack of jurisdiction. PER CURIAM -2-

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