LAVERNE ZOELLER-KOTT AND TROY D. ZOELLER,

APPELLANTS

MARY JACOBY,

APPELLEE

PER CURIAM

After an initial review of the transcript, the Clerk of this Court informed the parties that no final judgment exists in this cause. See Tex. R. App. P. 56(a). The district court rendered a "final" judgment by an order which granted and denied motions for summary judgment that were no longer live motions because amended motions for summary judgment had been filed. See Tex. R. Civ. P. 62, 64. The appellants have contacted the Clerk and agrees that the judgment is not final.

Accordingly, we dismiss the appeal for want of jurisdiction.

Before Justices Powers, Aboussie and Jones

Dismissed for Want of Jurisdiction

Filed: July 6, 1994

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