Paula Lehne Netherton v. Jacintha Cowan, Individually and as the Independent of...

MEMORANDUM OPINION No. 04-12-00229-CV Paula Lehne NETHERTON, Appellant v.

Jacintha COWAN, Individually and as the Independent Executor of the Estate of James Dennis

Lehne, Jr., Shannon Sucher and James Dennis Lehne, III, Appellees

From the 198th Judicial District Court, Menard County, Texas

Trial Court No. 2011-05270 The Honorable M. Rex Emerson, Judge Presiding

PER CURIAM Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: June 13, 2012 DISMISSED FOR WANT OF JURISDICTION

This appeal arises from the trial court’s January 4, 2012 order declaring ownership of property based on a testamentary devise. Appellant sought to appeal the “Order Granting Partial Summary Judgment,” but the order indicates it is not a final judgment. On May 8, 2012, we ordered appellant to show cause not later than May 18, 2012, why her appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (noting that generally “an appeal may be taken only from a final judgment”). We warned appellant that if she did not show cause within the time provided, her appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). To date, appellant has not filed any response to our show cause order.

Therefore, we dismiss this appeal for want of jurisdiction. See id.; Lehmann, 39 S.W.3d at 195; see also TEX. R. APP. P. 42.3(c) (authorizing dismissal for failure to comply with a court order). Costs of this appeal are taxed against appellant.

PER CURIAM