Opinion
No. 04-07-00460-CV
Delivered and Filed: March 19, 2008.
Appealed from the County Court at Law No. 10, Bexar County, Texas, Trial Court No. 288485, Honorable David Rodriguez, Judge Presiding.
Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
DISMISSED FOR LACK OF JURISDICTION
Appellants seek to appeal a variety of orders, including (1) an Order Granting Sanctions signed on September 26, 2006 striking all of appellants' defensive pleadings, (2) a Judgment of Contempt and Order of Commitment signed on December 5, 2006, and (3) an Order Granting [Appellees'] No Evidence Motion for Summary Judgment on appellants' counter-claims. In addition to the summary judgment in favor of appellees, the trial court also signed a Judgment on September 19, 2006 in favor of the appellees on appellees' claims against appellants. It appeared, however, that the summary judgment did not dispose of all of the counter-claims asserted by appellants, and no severance order appears in the record. An order or judgment is final when it disposes of all claims asserted by and against all parties. Martinez v. Humble Sand Gravel, Inc., 875 S.W.2d 311, 312 (Tex. 1994); New York Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677, 678-79 (Tex. 1990). More specifically, appellees' no-evidence motion for summary judgment did not address the following causes of action raised in appellants' Second Amended Original Counter-Claim and Third Party Action: (1) negligent misrepresentation and (2) violations of the DTPA. Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction because the appeal is interlocutory. Appellants responded by agreeing that the no-evidence motion for summary judgment "did not address all causes of action raised in Appellants' Second Amended Original Counter-Claim and Third Party Action." Appellants ask this court to treat the issues on appeal as having been brought pursuant to a petition for writ of mandamus. This we decline to do.
This appeal is dismissed for lack of jurisdiction.