COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-341-CV
TAMMIE D. LAIN AND ERIN JONES APPELLANTS
V.
WICHITA COUNTY COMMISSIONER DR. JOE MILLER, APPELLEE
INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY
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FROM THE 89 TH DISTRICT COURT OF WICHITA COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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We have received the parties’ “Agreed Motion To Dismiss Appeal And Remand To Trial Court” which states that the appeal is “premature” because the claims against appellee in his individual capacity remain pending in the trial court. Because there is no final judgment or appealable interlocutory order, we dismiss the appeal for want of jurisdiction. See T EX. R. A PP. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.
DELIVERED: January 10, 2008
FOOTNOTES
1:
See Tex. R. App. P. 47.4.