FILE COPY Phyllis K. Pacheco and Mark Larry W. /s PachecoAppellant/s

Fourth Court of Appeals San Antonio, Texas October 17, 2013 No. 04-13-00602-CV Phyllis K. PACHECO and Mark Pacheco, Appellants v. Larry W. FREISENHAHN, Jr., Manager and President of Freisenhahn Land Company, LLC, General Partner of Freisenhahn Development Properties, LP, Wilbron Burnell Gates, G-4 Enterprises, LTD, Michael C. Finkel-The Law Office of Mike Finkel P.C., et al., Appellees From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 11-05-0460-CVA Honorable Stella Saxon, Judge Presiding ORDER Appellants seek to appeal the trial court’s June 6, 2013, “Order on Defendant’s Larry W.

Friesenhahn, Jr.[s] . . . Motion and Amended Motion for Summary Judgment.” It appears, however, that the judgment is interlocutory because it does not dispose of the claims against defendants Burnell Gates and G-4 Enterprises, Ltd. The clerk’s record contains severance orders as to all other defendants, but not Burnell Gates and G-4 Enterprises, Ltd. Accordingly, on October 4, 2013, this court ordered appellants to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On October 13, 2013, appellants filed a response attached to which was an order severing appellants’ claims against appellees. Therefore, the summary judgment appealed from is final and appealable.

Appellants’ brief is due October 31, 2013.sbm _________________________________ Sandee Bryan Marion, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of October, 2013.

___________________________________ Keith E. Hottle Clerk of Court