Dismissed and Memorandum Opinion filed September 25, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00508-CV

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DENNIS C. DE ACETIS, Appellant

V.

MICHAEL DE ACETIS, Appellee

On Appeal from the 239th District Court

Brazoria County, Texas

Trial Court Cause No. 46735

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a partial summary judgment in favor of Michael De Acetis signed September 25, 2007, in cause number 35326.  The clerk=s record was filed July 21, 2008, and it reflects that the trial court signed an order severing the summary judgment into cause number 35326-A on January 31, 2008.  No timely motion for new trial or notice of appeal was filed.  The record also contains orders consolidating this severed case and other partial summary judgments into cause number 46490, signed May 6, 2008.  An appeal from the judgment in cause number 46490 is pending in this court under our appellate cause number 14-08-00429-CV.

Because it appeared to this court that we lack jurisdiction over this attempted appeal, notice was sent to the parties that the appeal was subject to dismissal unless any party demonstrated that this court has jurisdiction over the appeal.  Both parties have responded to the court=s notice and agree that we lack jurisdiction over this attempted appeal..

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 25, 2008.

Panel consists of Chief Justice Hedges and Justices Guzman and Brown.