AT AUSTIN
ON MOTION FOR REHEARING
NO. 3-93-450-CV
CARRIAGE HOUSE MANOR, INC.; DORIS DICKSON;
ELIZABETH McKINLEY; AND SARAH T. MILLS,
APPELLANTS
vs.
JOHN R. FOLOWELL; MARY P. FOLOWELL; WOODHAVEN, INC.;
AND BEVERLY ENTERPRISES-TEXAS, INC.,
APPELLEES
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT
NO. 92-07606, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING
PER CURIAM
Appellants, Carriage House Manor, Inc.; Doris Dickson; and Sarah T. Mills, have filed a motion for rehearing stating that this Court erred in dismissing the cause for want of jurisdiction. We dismissed the cause because it appeared that appellants intervened in the trial court after rendition of a final judgment. See Highlands Ins. Co. v. Lumbermen's Mut. Casualty Co., 794 S.W.2d 600, 604 (Tex. App.--Austin 1990, no writ).
Appellants now argue that the May 11, 1993, final summary judgment was not in fact a final judgment because it did not dispose of all issues or parties in the case. See Mafrige v. Ross, 37 Tex. Sup. Ct. J. 82 (Oct. 30, 1993); North E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). We agree, and we sustain appellants' point of error.
We grant the motion for rehearing and withdraw our opinion and judgment of September 22, 1993. Because the district court's judgment is interlocutory, we dismiss the appeal for want of jurisdiction and dismiss as moot appellant Elizabeth McKinley's motion to dismiss her appeal.
Before Chief Justice Carroll, Justices Aboussie and B. A. Smith
Dismissed for Want of Jurisdiction
Filed: February 2, 1994
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