TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

--------------- NO. 03-02-00288-CV ---------------

New Hampshire Insurance Company, Appellant v. Lester Tobias, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY NO. 6678-C, HONORABLE HOWARD WARNER, JUDGE PRESIDING

New Hampshire Insurance Company appeals from a default judgment originally rendered in this cause of action; those claims were severed into another cause of action. Noting that claims remain pending in the cause underlying this appeal, this Court=s clerk queried the parties regarding our jurisdiction, warning that we might dismiss this appeal for want of jurisdiction. Because there is no appealable order or judgment in the underlying cause, we dismiss this appeal for want of jurisdiction.

Marilyn Aboussie, Chief Justice Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel Dismissed for Want of Jurisdiction Filed: June 6, 2002 Do Not Publish