TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00075-CV

James McArdle and Chung McArdle, Appellants v. Eric Stahl and Susan Bassett, Appellees

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT NO. 03-064-C368-A, HONORABLE BURT CARNES, JUDGE PRESIDING

MEMORANDUM OPINION

Appellants filed an unopposed motion to dismiss their appeal advising that the trial court has denied their motion to sever their action against appellees Stahl and Bassett from claims against a third defendant. As a result, the summary judgment granted in favor of appellees is interlocutory and not appealable. See Teer v. Duddlesten, 664 S.W.2d 702, 703 (Tex. 1984). The appeal is dismissed on the motion of appellants. Tex. R. App. P. 42.1(a)(1).

__________________________________________ Jan P. Patterson, Justice Before Chief Justice Law, Justices Patterson and Puryear Dismissed on Appellants’ Motion Filed: March 11, 2004