Court of Civil Appeals of Texas, 2009

Wythe II Corporation v. John D. Stone

Wythe II Corporation v. John D. Stone
Court of Civil Appeals of Texas · Decided August 4, 2009

Wythe II Corporation v. John D. Stone

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-09-00289-CV

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WYTHE II CORPORATION, Appellant



V.



JOHN D. STONE, Appellee




On Appeal from the 58th District Court

Jefferson County, Texas

Trial Cause No. B-179,073-A




MEMORANDUM OPINION

Wythe II Corporation seeks to appeal two orders: (1) the order of April 1, 2009, in which the administrative judge denied Wythe's motion to recuse; and (2) the order of July 10, 2009, in which the trial court granted John D. Stone's motion for partial summary judgment and denied Wythe's motion for summary judgment. Stone filed a motion to dismiss the appeal for lack or jurisdiction and a motion for sanctions. Wythe filed a response and motion for accelerated appeal, and amended its notice of appeal.

The case is set for trial on August 10, 2009. No order disbursing the funds in the registry of the court has been signed. We conclude this Court lacks jurisdiction at this time. The appeal is therefore dismissed. Tex. R. App. P. 43.2(f). Stone's motion for sanctions is denied for lack of merit. See Tex. R. App. P. 45. Wythe's motion for stay is denied as moot. APPEAL DISMISSED.

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DAVID GAULTNEY

Justice



Opinion Delivered August 4, 2009

Before Gaultney, Kreger, and Horton, JJ.

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