Essex Crane Rental Corp. and Vincent A. Morano v. James W. McPherson, Sr, Coastal Terminal Operators, Inc., Coastal Stevedoring Corporation, McPherson Interests, Ltd., James W. McPherson Family Trust, James W. McPherson, Jr., Eric G. Carter D/B/A Eric G. Carter and Associates, and Houston Industrial

Opinion issued December 10, 2009










In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-07-00901-CV

____________


ESSEX CRANE RENTAL CORP. AND VINCENT A. MORANO,

Appellants


V.


JAMES W. MCPHERSON, SR., COASTAL TERMINAL OPERATORS, INC., COASTAL STEVEDORING CORPORATION, MCPHERSON INTERESTS, LTD., JAMES W. MCPHERSON, ERIC G. CARTER d/b/a ERIC G. CARTER AND ASSOCIATES, DAVID W. FARLEY, KENNETH BEVERLY, AND HOUSTON INDUSTRIAL, Appellees





On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2002-62464





MEMORANDUM OPINION

          By interlocutory memorandum order, dated November 24, 2009, we notified appellants, Essex Crane Rental Corporation and Vincent A. Morano, that it appeared that we did not have jurisdiction over this appeal because there was no appealable order or judgment in the record. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (“[T]he general rule, with a few mostly statutory exceptions, is that an appeal may be taken only from a final judgment.”); Tex. R. App. P. 42.3(a). We notified appellants that this appeal was subject to dismissal unless, within ten days from the issuance of the November 24, 2009 memorandum order, they explained how this Court had jurisdiction. See Tex. R. App. P. 42.3(a) (after giving ten days’ notice to all parties, appellate court may dismiss the appeal if it is subject to dismissal for want of jurisdiction). The ten days have passed, and appellants have not responded to our November 24, 2009 memorandum order.

          The appeal is dismissed for want of jurisdiction. All pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within ten days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.