Charles R. Norwood v. The Kerens Bank--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-91-177-CV

CHARLES R. NORWOOD,

Appellant

v.

THE KERENS BANK,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 90-11-00690-CV

O P I N I O N

This is an attempted appeal from a partial summary judgment order signed June 17, 1991, in favor of the Kerens Bank, holding Charles Norwood liable on the balance of a note and ordering the foreclosure of the bank's security interest in certain livestock pledged by Norwood. The partial summary judgment awarded the bank its attorney's fees but expressly stated that material fact issues remain on the reasonableness of the bank's attorney's fees as well as on the reasonableness of fees for handling the cattle seized under the writ of sequestration. The order then directed the clerk to set those issues for trial.

By letter dated November 13, the clerk of this court notified the attorneys for the parties and the trial court that the judgment signed on June 17 appeared to be interlocutory and not appealable. See Cherokee Water Co. v. Ross, 698 S.W.2d 363, 365 (Tex. 1985). The letter further stated that unless, within 10 days, the June 17 order was shown to be appealable, the cause would be dismissed for want of jurisdiction. To date, no response has been filed.

The cause is dismissed for lack of jurisdiction. See Tex. R. App. P. 60(a)(2).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Dismissed

Opinion delivered and filed December 18, 1991

Do not publish