11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Derrick Polly

Appellant

Vs.                   No. 11-01-00184-CV B Appeal from Dawson County

Melinda Drake

Appellee

Derrick Polly filed suit against Melinda Drake, who is an employee of the Preston E. Smith Unit of the Texas Department of Criminal Justice - Institutional Division, and against Gloria Vera, who is the Dawson County Clerk.  Drake filed a motion to dismiss which the trial court granted.  Polly perfected this appeal from the order granting Drake=s motion to dismiss.  We dismiss the appeal.

The April 18, 2001, order disposes only of Polly=s action against Drake.  Polly=s action against Vera has not been severed or disposed of in any way.  Therefore, the April 18 order is not a final, appealable order, and we dismiss this appeal for want of jurisdiction.

PER CURIAM

September 6, 2001

Do not publish.  See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.