Because the order of the trial court appellant is appealing is not the final judgment of the trial court, and is, therefore, an interlocutory, non-appealable order, we will dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). See also Tex. Civ. Prac. & Rem. Code § 51.014.

Appellee, Klaus Schmickler, filed a motion to dismiss the appeal for want of jurisdiction on February 2, 2000.

The Clerk of this Court filed the clerk's record in this cause on April 27, 2000. By letter dated May 1, 2000, appellant was invited to submit a supplemental clerk's record by May 16, 2000, containing the appropriate documents showing the trial court's judgment to be final, or the appeal would be dismissed for want of jurisdiction. Thus far appellant has failed to respond.

Accordingly, we grant appellee's motion and dismiss this appeal for want of jurisdiction on our own motion. Because there is no final judgment, we dismiss the appeal against all appellees. See Tex. R. App. P. 42.3(a), (c).

Before Justices Jones, Yeakel and Patterson

Dismissed for Want of Jurisdiction on Appellee's Motion

Filed: May 25, 2000

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