Wythe II Corporation v. John D. Stone
Wythe II Corporation v. John D. Stone
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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