Court of Civil Appeals of Texas, 2004

Zoe Ann Reed, as Guardian of Vera Marcia Reed, and Paula Reed Tollett, as Next...

Zoe Ann Reed, as Guardian of Vera Marcia Reed, and Paula Reed Tollett, as Next...
Court of Civil Appeals of Texas · Decided January 15, 2004

Zoe Ann Reed, as Guardian of Vera Marcia Reed, and Paula Reed Tollett, as Next...

Opinion

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 67TH DISTRICT COURT OF TARRANT COUNTY


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MEMORANDUM OPINION1


        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,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.3

 

                                                                  PER CURIAM

 

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

DELIVERED: January 15, 2004

 


 

NOTES

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).

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