Estate of Annie Mae McGinnis v. Rogers Sessions, M.D. and Shawn M. Figari, M.D.--Appeal from 4th District Court of Rusk County

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PER CURIAM HEADING NO. 12-01-00297-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

ESTATE OF ANNIE MAE MCGINNIS,

 
APPEAL FROM THE FOURTH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

ROGERS SESSIONS, M.D. AND

SHAWN M. FIGARI, M.D.,

APPELLEES

 
RUSK COUNTY, TEXAS
PER CURIAM

This appeal is being dismissed for want of jurisdiction because Appellant has failed, after notice, to provide this court with a final judgment or appealable order. Appellant's notice of appeal in this case states her intention to appeal the judgments rendered in favor of Defendants, Joyce M. Starling, M.D. ("Starling"), Shawn M. Figari, M.D., and Roger Sessions, M.D. The clerk's record reveals that Appellant's claims against Starling, Figari, and Sessions were designated cause number 2000-358 in the trial court. On September 11, 2001, the trial judge signed an Order of Dismissal and Severance dismissing Appellant's claims against Starling and severing these claims into trial cause number 2000-358-A. (1) The record does not contain a final judgment or appealable order relating to Appellant's claims against Sessions and Figari.

On March 4, 2002, this court notified Appellant that the appeal from trial cause number 2000-358 would be dismissed unless a final judgment or appealable order was provided on or before March 14, 2002. Appellant's responded to our notice, but failed to provide a final judgment or appealable order. Accordingly, because an appeal may only be taken from a final judgment or an appealable order, City of Houston v. Kilburn, 849 S.W.2d 810, 811 (Tex. 1993), this appeal is dismissed for want of jurisdiction.

Opinion delivered March 20, 2002.

Panel consisted of Davis, C.J., Worthen, J. and Griffith, J.

 
DO NOT PUBLISH

1. Appellant' appeal from this order is appellate cause number 12-01-00298-CV. Appellant's brief in cause number 12-01-00298-CV is due on April 1, 2002.