Jerry Wanzer v. Jose Garcia Et. Al.--Appeal from 81st Judicial District Court of Karnes County

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i i i i i i MEMORANDUM OPINION No. 04-08-00581-CV Jerry WANZER, Appellant v. Jose GARCIA, et al., Appellee From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 06-11-00140-CVK Honorable Ron Carr, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: December 10, 2008 DISMISSED FOR LACK OF JURISDICTION From our preliminary review of the record it appeared the order sought to be appealed is interlocutory because it does not dispose of all claims and all parties. Thus, we ordered appellant to show cause in writing no later than November 24, 2008, why this appeal should not be dismissed for lack of jurisdiction. No response was filed. Based on the record before us, we conclude the order signed on January 10, 2008, is not a final and appealable order, and we do not have jurisdiction over 04-08-00581-CV this appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205-06 (Tex. 2001); Wanzer v. Mendoza, No. 04-05-00505-CV, 2005 WL 2368007, at *1 (Tex. App. San Antonio Sept. 28, 2005, no pet.). This appeal is dismissed for lack of jurisdiction. TEX . R. APP . P. 42.3(a). PER CURIAM -2-

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