Loren Brewer v. Schlumberger Technology Corporation, Schlumberge, N v. A/K/A Schlumberger Limited and Jose Salazar Jr.

Fourth Court of Appeals San Antonio, Texas January 27, 2017 No. 04-16-00519-CV Loren BREWER, Appellant v. SCHLUMBERGER TECHNOLOGY CORPORATION, Schlumberge, N.V. a/k/a Schlumberger Limited and Jose Salazar Jr., Appellee From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 14-09-53692-CV Honorable Richard C. Terrell, Judge Presiding ORDER Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice This court dismissed this appeal for want of jurisdiction because it appeared from the record that not all parties were disposed of. Appellees have now filed a “Motion for Rehearing or Clarification,” arguing the parties in question were never served and thus, were never parties. Appellees further contend that although this court should not dismiss the appeal for want of jurisdiction because the appeal is not final, we should dismiss the appeal for want of jurisdiction because appellant’s notice of appeal is untimely. After reviewing appellees’ motion, we ORDER appellant to file a written response to appellees’ Motion for Rehearing or Clarification in this court on or before February 6, 2017, showing cause why we should withdraw our prior opinion and judgment and render a new opinion and judgment dismissing the appeal for want of jurisdiction because the notice of appeal is untimely. It is so ORDERED January 27, 2017. PER CURIAM ATTESTED TO: ___________________________________ Keith E. Hottle Clerk of Court