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MARCELINO DAVILA, JR., Appellant,

JIREH PRODUCE SALES, INC., Appellee.

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Memorandum Opinion Per Curiam

Appellant, MARCELINO DAVILA, JR., perfected an appeal from a judgment entered by the County Court at Law No. 1 of Hidalgo County, Texas, in cause number CL-04-622-A. After the record and appellant's brief were filed, appellee filed a motion to dismiss the appeal. In the motion, appellee states that the judgment from which this appeal is taken is interlocutory since it does not dispose of its counterclaim. Appellee requests that the appeal be dismissed for want of jurisdiction. Appellant has filed a response to appellee's motion.

The Court, having considered the documents on file, appellee's motion to dismiss the appeal, and appellant's response, is of the opinion that the motion should be granted. Appellee's motion to dismiss is granted, and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 21st day of June, 2007.