David Lowry v. Liberty Lloyds of Texas Insurance Company

Opinion issued January 19, 2006

 

 





In The

Court of Appeals

For The

First District of Texas

_______________


NO. 01-05-00909-CV

_______________


DAVID LOWRY, Appellant


V.


LIBERTY LLOYDS OF TEXAS INSURANCE COMPANY, Appellee


                                                                                                                                      


On Appeal from County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 824393

                                                                                                                                      


MEMORANDUM OPINION

          Appellee, Liberty Lloyds of Texas Insurance Company, has filed a motion to dismiss this appeal for lack of jurisdiction, asserting that the judgment of the court below does not dispose of all parties in this case. Our review of the appellate record reveals a second defendant who is not a party to the judgment.

          On December 5, 2005, the Court issued an order stating that, unless within 30 days of the date of the order, appellant requested and paid for, and the district clerk filed, a supplemental clerk’s record demonstrating that all issues and parties before the trial court had been disposed of, the appeal would be dismissed for want of jurisdiction. Tex. R. App. P. 42.3(a). No supplemental clerk’s record has been filed, and appellant has not responded to the Court’s December 5, 2005 order.

          Accordingly, for the reasons expressed in the Court’s December 5, 2005 order, appellee’s motion to dismiss is granted, and this appeal is dismissed. Any other pending motions are overruled as moot.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Hanks.