DeWayne Rogers Logging, Inc. v. Deere & Company, D/B/A John Deere Company ( 2007 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-07-00120-CV ______________________________



DEWAYNE ROGERS LOGGING, INC., Appellant

V.

DEERE & COMPANY, d/b/a JOHN DEERE COMPANY, Appellee

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On Appeal from the 411th Judicial District Court Trinity County, Texas Trial Court No. 18257

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Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

This is an appeal brought by DeWayne Rogers Logging, Inc., from a summary judgment. On our review of the clerk's record, we noted there was a possible defect in our jurisdiction because several parties and issues were not disposed of. On November 2, 2007, we mailed a letter to the appellant requesting that it show this Court how we had jurisdiction over this appeal. In response, on November 12, we received a letter from appellant's counsel stating that the judgment was not final and that a supplemental clerk's record would be filed when the appropriate documents were signed by the trial court finally disposing of all issues and all parties.

We have now been contacted by telephone by appellant's counsel and have again been informed that this is an interlocutory appeal. In that conversation, counsel has requested this Court to dismiss the appeal for want of jurisdiction.

Pursuant to Rule 42.3 of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3.

Josh R. Morriss, III

Chief Justice

Date Submitted: December 13, 2007

Date Decided: December 14, 2007

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On Appeal from the County Court at Law #2

Gregg County, Texas

Trial Court No. 2005-2464-CCL

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Lacarisha Smith, the sole appellant in this case, has filed a motion seeking to dismiss her appeal. Pursuant to Tex. R. App. P. 42.1, her motion is granted.

            We dismiss the appeal.

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

Date Submitted:          August 22, 2006

Date Decided:             August 23, 2006