Luis S. Lagaite, Jr. v. David Doughty

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-04-458 CV

____________________

LUIS S. LAGAITE, JR., Appellant

V.

DAVID DOUGHTY, ET AL., Appellees

---

On Appeal from the 58th District Court

Jefferson County, Texas

Trial Cause No. A-171323

---

MEMORANDUM OPINION ⁽¹⁾

On December 16, 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. 2005). The summary judgment order did not dispose of all issues and parties and 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 January 20, 2005

Before McKeithen, C.J., Kreger and Horton, JJ.

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