paula-lehne-netherton-v-jacintha-cowan-individually-and-as-the ( 2012 )


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  •                                 MEMORANDUM OPINION
    No. 04-12-00229-CV
    Paula Lehne NETHERTON,
    Appellant
    v.
    Jacintha COWAN, Individually and as the Independent Executor of the Estate of James Dennis
    Lehne, Jr., Shannon Sucher and James Dennis Lehne, III,
    Appellees
    From the 198th Judicial District Court, Menard County, Texas
    Trial Court No. 2011-05270
    The Honorable M. Rex Emerson, Judge Presiding
    PER CURIAM
    Sitting:          Rebecca Simmons, Justice
    Steven C. Hilbig, Justice
    Marialyn Barnard, Justice
    Delivered and Filed: June 13, 2012
    DISMISSED FOR WANT OF JURISDICTION
    This appeal arises from the trial court’s January 4, 2012 order declaring ownership of
    property based on a testamentary devise. Appellant sought to appeal the “Order Granting Partial
    Summary Judgment,” but the order indicates it is not a final judgment. On May 8, 2012, we
    ordered appellant to show cause not later than May 18, 2012, why her appeal should not be
    dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann v. Har-Con Corp., 
    39 S.W.3d 191
    , 195 (Tex. 2001) (noting that generally “an appeal may be taken only from a final
    04-12-00229-CV
    judgment”). We warned appellant that if she did not show cause within the time provided, her
    appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). To date,
    appellant has not filed any response to our show cause order.
    Therefore, we dismiss this appeal for want of jurisdiction. See id.; 
    Lehmann, 39 S.W.3d at 195
    ; see also TEX. R. APP. P. 42.3(c) (authorizing dismissal for failure to comply with a court
    order). Costs of this appeal are taxed against appellant.
    PER CURIAM
    -2-
    

Document Info

Docket Number: 04-12-00229-CV

Filed Date: 6/13/2012

Precedential Status: Precedential

Modified Date: 2/1/2016