Sergio Alaniz v. Jesus Maria Alvarez

MEMORANDUM OPINION

No. 04-12-00081-CV

Sergio ALANIS, Sr., et al.,

Appellants v.

Jesus Maria ALVAREZ, et al.,

Appellees v.

Ana Lisa GARZA,

Intervenor

From the 381st Judicial District Court, Starr County, Texas Trial Court No. DC-00-00328

Honorable Federico Hinojosa, Judge Presiding PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: April 4, 2012

DISMISSED

Appellants filed notice of appeal on February 9, 2012 indicating their intent to appeal an interlocutory order granting Intervenor Ana Lisa Garza’s motion for summary judgment. Having determined that the summary judgment order appeared to be interlocutory, we ordered appellants to show cause in writing within fifteen days why this appeal should not be dismissed for lack of jurisdiction. Appellants did not respond. Intervenor responded, and filed a motion to dismiss the appeal for want of jurisdiction because the summary judgment order is interlocutory. The record shows the summary judgment order is interlocutory, as it does not dispose of the appellants’ claims against the defendants, and there is no severance order in effect. Therefore, we must dismiss this appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205-06 (Tex. 2001). Accordingly, intervenor’s motion to dismiss is GRANTED, and this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

PER CURIAM