Elijah W. Ratcliff v. LHR, Inc.

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-07-099 CV ____________________

ELIJAH W. RATCLIFF, Appellant

V.

LHR, INC., Appellee

---

On Appeal from the 258th District Court Polk County, Texas Trial Cause No. CIV 22,975

---

MEMORANDUM OPINION

On March 1, 2007, the Court notified the parties that the appeal appeared to be interlocutory because the order did not dispose of all of the claims in controversy. The appellant filed a response but did not identify any grounds for exercise of appellate jurisdiction in this case. The appellee contends the order being appealed is interlocutory and not appealable at this time.

The Court finds no final judgment has issued. Subject to certain statutory exceptions not applicable in this case, only final judgments are appealable. Tex. Civ. Prac. & Rem. Code Ann. §§ 51.012, 51.014 (Vernon 1997 & Supp. 2006). Accordingly, we hold the jurisdiction over this case is still vested in the trial court. The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED FOR LACK OF JURISDICTION.

_____________________________

STEVE McKEITHEN

Chief Justice

Opinion Delivered March 22, 2007

Before McKeithen, C.J., Kreger and Horton, JJ.