james-bravo-palacios-and-monica-vasquez-de-palacio-individually-and-as ( 2002 )

IN THE

TENTH COURT OF APPEALS

No. 10-01-024-CV

        JAMES BRAVO PALACIO

        AND MONICA VASQUEZ DE PALACIO,

        INDIVIDUALLY AND AS PARENTS,

        GUARDIANS AND NEXT FRIENDS

        OF BRIANDA PORSCHE DE PALACIO  

        AND ADLEFA BRAVO PALACIO,

                                                                                       Appellants

        v.

        AON PROPERTIES, INC.,

        GREYSTAR MANAGEMENT SERVICES, L.P.,

        AND WEISER SECURITY SERVICES, INC.,

                                                                                       Appellees

From the 334th District Court

Harris County, Texas

Trial Court # 98-48769

O R D E R

          The Palacios appealed from summary judgments granted in favor of Appellees. However, the summary judgments did not dispose of third-party claims filed by Appellees. Thus, the record before us does not contain a final, appealable judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) (“An order that adjudicates only the plaintiff’s claims against the defendant does not adjudicate a counterclaim, cross-claim, or third party claim . . . .”).

          We notified the parties of this defect by letter dated April 9, 2002. We warned that the appeal would be dismissed for want of jurisdiction unless a response was filed showing grounds for continuing the appeal within ten days. The Palacios filed an unopposed motion to abate this appeal for entry of a final judgment on April 19.

          Because there is no final judgment, the trial court still has jurisdiction over the case. See Tex. R. App. P. 29.5 (“While an appeal from an interlocutory order is pending, the trial court retains jurisdiction of the case and may make further orders . . . .”). Thus, an abatement is unnecessary. The motion to abate is denied.

          We are willing to wait a reasonable time for the trial court to enter a final judgment. But, if a supplemental clerk’s record containing a final judgment is not filed with the Clerk of this Court on or before 5:00 p.m. on May 14, 2002, we will dismiss this appeal for want of jurisdiction. Tex. R. App. P. 42.3; Cook v. Lernout & Hauspie Med. Servs. Div., 68 S.W.3d 285, 286 (Tex. App.—Waco 2001, order) (per curiam).

                                                                       PER CURIAM

Before Chief Justice Davis,

          Justice Vance, and

          Justice Gray

Notice of Intent to Dismiss for Want of Jurisdiction

Order delivered and filed April 24, 2002

Do not publish

="font-size: 12pt">Opinion delivered and filed January 2, 2002

Do not publish

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