James McArdle and Chung McArdle v. Eric Stahl and Susan Bassett ( 2004 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-04-00075-CV

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James McArdle and Chung McArdle, Appellants

v.

Eric Stahl and Susan Bassett, Appellees

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FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT

NO. 03-064-C368-A, HONORABLE BURT CARNES, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N  

Appellants filed an unopposed motion to dismiss their appeal advising that the trial court has denied their motion to sever their action against appellees Stahl and Bassett from claims against a third defendant. As a result, the summary judgment granted in favor of appellees is interlocutory and not appealable. See Teer v. Duddlesten, 664 S.W.2d 702, 703 (Tex. 1984). The appeal is dismissed on the motion of appellants. Tex. R. App. P. 42.1(a)(1).

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Jan P. Patterson, Justice

Before Chief Justice Law, Justices Patterson and Puryear

Dismissed on Appellants' Motion

Filed: March 11, 2004