Mark Schomburg v. Bankers Insurance, LLC

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00188-CV
MARK SCHOMBURG APPELLANT
V.
BANKERS INSURANCE, LLC APPELLEE
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FROM THE 271ST DISTRICT COURT OF WISE COUNTY
TRIAL COURT NO. CV17-07-554
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MEMORANDUM OPINION1
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Pro se Appellant Mark Schomburg attempts to appeal a May 17, 2018
order granting summary judgment for Appellee Bankers Insurance, LLC. On
June 5, 2018, we notified Schomburg of our concern that we lack jurisdiction over
this appeal because the order does not appear to be a final judgment or an
appealable interlocutory order. Specifically, although the order finally disposed of
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See Tex. R. App. P. 47.4.
Schomburg’s claims against Bankers Insurance, LLC, it did not dispose of
Schomburg’s claims against First Financial Bank South-Lake, another defendant
in the cause below. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex.
2001) (explaining that a judgment is final for purposes of appeal if it (1) actually
disposes of all claims and parties or (2) states with unmistakable clarity that it is a
final judgment). We informed Schomburg that the appeal would be dismissed for
want of jurisdiction unless he or any party desiring to continue the appeal filed a
response showing grounds for continuing the appeal. See Tex. R. App. P.
42.3(a), 44.3. We have received no response. Accordingly, because the order
granting summary judgment for Bankers Insurance, LLC is not a final judgment,
we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f);
Lehmann, 39 S.W.3d at 200.
PER CURIAM
PANEL: MEIER, GABRIEL, and KERR, JJ.
DELIVERED: July 19, 2018
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