Court of Civil Appeals of Texas, 2004

CFWC Religious Ministries, Inc. v. Argonaut Holding, Inc., Nederland Chevrolet, Inc. and John J. Keating

CFWC Religious Ministries, Inc. v. Argonaut Holding, Inc., Nederland Chevrolet, Inc. and John J. Keating
Court of Civil Appeals of Texas · Decided August 12, 2004

CFWC Religious Ministries, Inc. v. Argonaut Holding, Inc., Nederland Chevrolet, Inc. and John J. Keating

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-04-252 CV

____________________



CFWC RELIGIOUS MINISTRIES, INC., Appellant



V.



ARGONAUT HOLDINGS, INC., NEDERLAND CHEVROLET, INC.,

AND JOHN J. KEATING, Appellees




On Appeal from the 136th District Court

Jefferson County, Texas

Trial Cause No. D-167035




MEMORANDUM OPINION (1)

On June 7, 2004, the Court received the clerk's record in this appeal. On June 24, 2004, we notified the parties that the appeal appeared to be interlocutory because the judgment did not dispose of all of the claims in controversy. An appellee, Argonaut Holdings, Inc., filed a response confirming the unappealable interlocutory nature of the appeal. The appellant did not file a response.

The Court finds no final judgment has issued. Subject to certain statutory exceptions not applicable in this case, only final judgments are appealable. Tex. Civ. Prac. & Rem. Code Ann. § 51.012, 51.014 (Vernon 1997 & Supp. 2004). A prematurely filed notice of appeal is effective and deemed filed on the day of, but after, the event that begins the period for perfecting the appeal. Tex. R. App. P. 27.1(a). In this case, however, the act which will begin the period for perfecting the appeal-signing the judgment-has not occurred. Accordingly, we hold the jurisdiction over this case is still vested in the trial court. The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED FOR LACK OF JURISDICTION.

PER CURIAM



Opinion Delivered August 12, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.