Lawrence Edward Thompson v. Texas Department of Criminal Justice-Institutional Division and James A. Lynaugh--Appeal from 201st District Court of Travis County
Annotate this CaseAT AUSTIN
NO. 3-94-305-CV
LAWRENCE EDWARD THOMPSON,
APPELLANT
vs.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE-INSTITUTIONAL
DIVISION AND JAMES A. LYNAUGH,
APPELLEES
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT
NO. 94-14210, HONORABLE JOSEPH H. HART, JUDGE PRESIDING
PER CURIAM
After the transcript was tendered in this cause, the Clerk of this Court wrote the parties and stated that it appeared that no final judgment existed. The district court's February 22, 1994, order granting James A. Lynaugh's motion to dismiss appeared to be interlocutory because it did not dispose of all parties (i.e., the Texas Department of Criminal Justice--Institutional Division; Carl White; Craig A. Raines; James E. Stewart; Richard L. Jackson, Jr.; and Kerry M. Rasberry, D.O.) and claims (i.e., Thompson's motion to compel and motion for sanctions). See North E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). The Clerk asked the parties (1) to obtain a final judgment from the district court and (2) to request that the district clerk prepare a supplemental transcript containing the appropriate documents demonstrating that the judgment is final. The parties have not complied.
Accordingly, we dismiss the appeal for want of jurisdiction because the appeal is interlocutory. See Tex. R. App. P. 60(a)(2).
Before Justices Powers, Aboussie and Jones
Appeal Dismissed for Want of Jurisdiction
Filed: August 17, 1994
Do Not Publish
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