Anne Boenig v. StarnAir, Inc. ( 2008 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-175-CV
ANN BOENIG APPELLANT
V.
STARNAIR, INC. APPELLEE
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FROM THE 393RD DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION 1
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Appellant Ann Boenig is attempting to appeal from a trial court order
granting the motion for summary judgment of Appellee StarnAir, Inc. But
according to Boenig’s notice of appeal, the order “has not yet been signed” by
the trial judge. On April 30, 2008, we notified Boenig of our concern that this
court lacked jurisdiction over her appeal because there was no final or
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… See T EX. R. A PP. P. 47.4.
appealable order and, as a result, no final judgment. We also informed Boenig
that her appeal was subject to dismissal unless she or any party desiring to
continue the appeal filed a response with this court by May 12, 2008, showing
grounds for continuing the appeal. No response has been filed.
Ordinarily, this court lacks jurisdiction over an appeal that is not based on
a signed trial court order. See T EX. R. A PP. P. 25.1(b) (providing that filing of
notice of appeal invokes appellate court’s jurisdiction as to trial court’s
judgment or order appealed from). Unless an exception applies, a final
judgment or order disposing of all of the parties and issues in a case is a
prerequisite to an appeal. See Park Place Hosp. v. Estate of Milo, 909 S.W.2d
508, 510 (Tex. 1995). Because there is no final judgment or appealable
interlocutory order, we dismiss this case for want of jurisdiction. See T EX. R.
A PP. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL D: HOLMAN, GARDNER, and WALKER, JJ.
DELIVERED: June 5, 2008
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