COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-10-098-CV
GARY MANN AND APPELLANTS
JEFFREY MANN
V.
THE HONORABLE APPELLEES
JUDGE PHILLIP O. VICK,
DENTON COUNTY, DENTON
COUNTY SHERIFF’S DEPARTMENT,
AND BENNY PARKEY
------------
FROM THE 211TH DISTRICT COURT OF DENTON COUNTY
------------
MEMORANDUM OPINION 1
------------
Appellants Gary Mann and Jeffrey Mann along with several other plaintiffs
sued Judge E. Lee Gabriel along with Appellees The Honorable Judge Phillip O.
Vick, Denton County, Denton County Sheriff’s Department, and Benny Parkey. On
November 24, 2009, the trial court signed a judgment dismissing all of the plaintiffs’
1
See Tex. R. App. P. 47.4.
claims against Judge Gabriel in cause number 2008-30359-211 and severing those
claims into cause number 2009-30383-211. Approximately one month later, the trial
court set aside its November 24, 2009 judgment because two plaintiffs filed verified
pleadings stating that they did not receive notice of the hearing. The trial court
thereafter held another hearing on Judge Gabriel’s motion to dismiss and granted
it.
On March 30, 2010, this court received a document from appellants that was
treated as a notice of appeal for both cause numbers 2008-30359-211 and 2009-
30383-211. Our clerk’s office assigned cause number 2008-30359-211 the
appellate cause number 02-10-00098-CV and assigned cause number 2009-30383-
211 the appellate cause number 02-10-00100-CV.
W e thereafter notified appellants that we were concerned that we might not
have jurisdiction over the appeal in 02-10-00098-CV because it appeared that there
was no final judgment. W e stated that unless appellants or any party desiring to
continue the appeal filed a response showing grounds for continuing the appeal, this
appeal would be dismissed for want of jurisdiction. Gary did not file a response, and
Jeffrey filed a response that did not provide a reasonable basis for continuing the
appeal.
Because there is no final judgment or appealable order in this appeal, we
dismiss the appeal numbered 02-10-00098-CV for want of jurisdiction. See Tex. R.
App. P. 42.3(a), 43.2(f).
2
The appeal numbered 02-10-00100-CV remains pending before this court.
SUE W ALKER
JUSTICE
PANEL: W ALKER, MCCOY, and MEIER, JJ.
DELIVERED: June 3, 2010
3