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COLLEEN C. RICE AND ROBERT L. RICE V, Appellants v. PHILIP LANE HOMES, LLC AND TRIKE CONVERSIONS OF TEXAS, LLC, Appellees

CHARLES KREGER

On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 09-09-09207-CV
MEMORANDUM OPINION

Coleen C. Rice and Robert L. Rice V, filed a notice of appeal from an order granting the motion for summary judgment filed by Trike Conversions of Texas, LLC. The order granting summary judgment does not dispose of the Rices' claims against all other parties. We questioned our jurisdiction over the appeal and instructed the parties to file written responses by January 21, 2011. Appellants did not file a response.

Claims remain unresolved in the trial court. Thus, the trial court's order is not appealable as a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Although we gave notice that the appeal was subject to dismissal, the appellants failed to file a response that showed grounds for continuing the appeal. See Tex. R. App. P. 42.3. The appellants supplied no authority that supports the exercise of appellate jurisdiction at this time. Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

_______________


CHARLES KREGER


Justice
Before McKeithen, C.J., Gaultney and Kreger, JJ.

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Rice v. Philip Lane Homes, LLC
(Mar 8, 2012)