COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-301-CV

ZOE ANN REED, AS GUARDIAN OF APPELLANTS

VERA MARCIA REED, AND PAULA REED

TOLLETT, AS NEXT FRIEND OF VERA

MARCIA REED, AND AS REPRESENTATIVES

OF VERA MARCIA REED, A NON COMPOS

MENTIS INDIVIDUAL

V.

ERIC EUGENE LINDEAU, INDIVIDUALLY, AND APPELLEES

LYNNETTA VANICE CHEEKS, INDIVIDUALLY, AND

BETTY SEYSTER GASKILL, INDIVIDUALLY, AND

JOHNNIE ELIA BENSON, INDIVIDUALLY, AND

WESTCHESTER RETIREMENT COMMUNITIES,

INCORPORATED D/B/A WESTCHESTER PLAZA

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FROM THE 67 TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)}

Appellants Zoe Ann Reed as guardian and representative of Vera Marcia Reed and Paula Reed Tollett as next friend and representative of Vera Marcia Reed filed a notice of appeal from a summary judgment.  Our review of the record revealed that the September 15, 2003 order granting summary judgment does not dispose of Westchester Retirement Communities, Incorporated d/b/a Westchester Plaza.  Because the summary judgment order does not dispose of all parties in the case and does not appear to be a final appealable order, ^{(footnote: 2)} we sent the parties a letter communicating our concerns that we may have no jurisdiction over this appeal and requesting a response showing grounds for continuing the appeal.  Neither party responded.  Accordingly, we dismiss the appeal for want of jurisdiction. ^{(footnote: 3)}

PER CURIAM

PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

DELIVERED:  January 15, 2004

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

See Lehmann v. Har-Con Corp. , 39 S.W.3d 191, 192-93 (Tex. 2001).

3:

See Tex. R. App. P. 42.3(a).