Chrisondath Badall v. Rukmin Durgapersad, Susan Durgapersad, Reshma Durgapersad and Rekha Durgapersad--Appeal from 75th District Court of Liberty County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00593-CV _________________ CHRISONDATH BADALL, Appellant V. RUKMIN DURGAPERSAD, SUSAN DURGAPERSAD, RESHMA DURGAPERSAD AND REKHA DURGAPERSAD, Appellees ________________________________________________________________________ On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CV70552 ________________________________________________________________________ MEMORANDUM OPINION Chrisondath Badall filed a notice of appeal from an order denying a motion for summary judgment. We questioned our jurisdiction over the appeal and instructed the parties to file written responses by January 21, 2011. Appellant did not file a response. Claims remain unresolved in the trial court. Thus, the trial court s order is not appealable as a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Although we gave notice that the appeal was subject to dismissal, Badall failed to file a response that showed grounds for continuing the appeal. See Tex. R. App. 1 P. 42.3. Badall supplied no authority that supports the exercise of appellate jurisdiction at this time. Accordingly, we dismiss the appeal for lack of jurisdiction. APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Opinion Delivered February 3, 2011 Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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