Autorite Enterprises Inc. v. the Hertz Corporation ( 2006 )

Dismissed and Memorandum Opinion filed February 23, 2006

Dismissed and Memorandum Opinion filed February 23, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-05-00835-CV

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AUTORITE ENTERPRISES, INC., Appellant

V.

THE HERTZ CORPORATION, Appellee

On Appeal from County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 787,270

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an interlocutory judgment signed May 10, 2005.  On November 15, 2005, appellant filed a motion to abate the appeal so that a final judgment could be obtained.  See  Tex. R. App. P. 27.2 (permitting appellate court to allow appealed order that is not final to be modified so as to be made final).  The court granted appellant=s motion, and abated the appeal until January 16, 2006, and ordered appellant to file a supplemental clerk=s record demonstrating that the trial court had resolved the pending plea in intervention and all other pending matters, making the May 10, 2005, judgment final and appealable.  No response to the court=s abatement order has been filed. 

On February 1, 2006, notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 23, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Guzman.