Vecentie Morales. Jr. v. Bombardier, Inc. ( 2004 )

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Vecentie Morales, Jr.

            Appellant

Vs.                  No. 11-04-00251-CV -- Appeal from Comanche County

Bombardier, Inc.

            Appellee

            This is an appeal from the trial court’s October 5, 2004, order for sanctions. We dismiss the appeal for want of jurisdiction.

            Vecentie Morales, Jr. sued Bombardier, Inc. seeking $35,000 in actual damages and $150,000 in punitive damages as the result of his purchase of 2 allegedly faulty 2002 Sea-Doo GTX 4-TEC Watercrafts. When Morales failed to answer Bombardier’s first set of written interrogatories and failed to respond to its first request for production or inspection, Bombardier filed a motion for sanctions for failure to comply with discovery requests pursuant to TEX.R.CIV.P. 215.1 & 215.2. The trial court granted the motion, and Morales perfected this direct appeal.

            After reviewing the clerk’s record, the clerk of this court notified the parties that the October 5 sanction order did not appear to be appealable and requested that Morales respond showing grounds for continuing the appeal. Morales has responded by filing additional copies of the October 5 order, of his notice of accelerated appeal of judgment, and of the index to the clerk’s record as well as a copy of his cover letter for his notice of appeal.

            Rules 215.1(d) and 215.2(b)(8) each provide that a sanction order “shall be subject to review on appeal from the final judgment.” Morales’s suit against Bombardier is still pending on the merits. Therefore, a final judgment has not been entered; and this appeal is premature.

            The appeal is dismissed for want of jurisdiction.

November 10, 2004                                                                            PER CURIAM

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.