Harvey & Diana Kloesel and Sid & Judy Simpson, Robert and Marlene Laird, Dale Steinhauser & Jamie Steinhauser, Individually and behalf of Theodore Steinhauser, A Minor, Scott Mica, Liza Mica & Donald R. Duet v. Montgomery & Collins, Inc. of Texas, et al.--Appeal from 25th District Court of Lavaca County

NUMBER 13-04-629-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

HARVEY AND DIANA KLOESEL, ET AL., Appellants,

v.

MONTGOMERY & COLLINS, INC. OF TEXAS,

ET AL., Appellees.

_______________________________________________________

On appeal from the 25th District Court

of Lavaca County, Texas

_______________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

Appellants, HARVEY & DIANA KLOESEL, ET AL., attempted to perfect an appeal from a judgment entered by the 25th District Court of Lavaca County, Texas. On December 10, 2004, the trial court granted appellants motion for new trial.

The Court, having examined and fully considered the documents on file and the trial court s order granting a new trial, is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed this

the 3rd day of March, 2005.