Randy Rainwater v. Carol Weyle

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In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-03-541 CV

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RANDY RAINWATER, Appellant



V.



CAROL WEYLE, Appellee



On Appeal from the County Court at Law No. 2

Montgomery County, Texas

Trial Cause No. 03-03-02028-CV



MEMORANDUM OPINION (1)

This appeal, which we abated on March 25, 2004, is hereby reinstated. The appellant's motion to continue the abatement is denied.

On February 12, 2004, we notified the parties that the order signed by the trial judge did not appear to be a final order. Subject to certain statutory exceptions not applicable in this case, only final judgments are appealable. Tex. Civ. Prac. & Rem. Code Ann. §§ 51.012, 51.014 (Vernon 1997 & Supp. 2004). The order did not contain unmistakable language of finality. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001). The appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM



Opinion Delivered July 1, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.