The court has carefully reviewed these appeals in light of the briefs, oral argument, the district court’s conscientious opinion, and pertinent portions of the record. Having done so, we conclude that genuine, material disputed fact issues deprive us of appellate jurisdiction over the interlocutory qualified immunity appeal of Officer Gardiner.

Further, we find no reversible error of fact or law in the court’s opinion relating to the liability of the City of Houston and the apartment complex appellees, and therefore affirm the summary judgment in their favor for essentially the reasons stated by the trial court.

The appeal of Ryan Gardiner is DISMISSED; Judgment in favor of the City of Houston, Hayden Properties, L.L.C., JS Property Management, Inc. and Woodland Hills Village Apartment Homes is AFFIRMED.