Saabs Construction Company v. J. E. Dunn of Texas, Inc. F/K/A C. E. Ward Constructors, Inc. ( 2005 )

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Saabs Construction Company

            Appellant

Vs.                  No. 11-03-00331-CV -- Appeal from Harris County

J. E. Dunn of Texas, Inc. f/k/a C. E. Ward Constructors, Inc.

            Appellee

            Timothy Brown and Sharron Brown originally sued J. E. Dunn of Texas, Inc. f/k/a C. E. Ward Constructors, Inc. and Frederick Scaffold & Equipment, Inc. to recover damages for injuries Timothy suffered as the result of an on-the-job accident. Dunn filed a third party petition against Saabs Construction Company as a subcontractor. Dunn filed a motion for summary judgment against Saabs. The trial court granted the motion, and Saabs perfected this appeal. We dismiss.

            In reviewing the clerk’s record before this court, the trial court’s August 22, 2003, order does not appear to be a final, appealable order. The claims of the Browns against Dunn and against Frederick have neither been severed nor otherwise disposed of.

            Therefore, the appeal is dismissed for want of jurisdiction.

                                                                                                PER CURIAM

May 26, 2005

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

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

Wright, J., and McCall, J.