Herman Anderson, Jr. v. Lawrence Baker

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-257 CV ____________________

HERMAN ANDERSON, JR., Appellant

V.

LAWRENCE BAKER, Appellee

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On Appeal from the 58th District Court Jefferson County, Texas Trial Cause No. A-181136

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MEMORANDUM OPINION

Herman Anderson, Jr. filed a notice of accelerated appeal of the trial court's order granting a motion to dismiss filed by one of several defendants. We questioned our jurisdiction over the appeal and instructed the parties to file written responses. The appellee, Lawrence Baker, filed a response that informs the Court that three parties are named as defendants in the appellant's trial pleadings and that the order signed by the trial court disposes of only one of those parties. Anderson did not file a response.

The order in this case granted a motion to dismiss an individual defendant pursuant to the Tort Claims Act. See Tex. Civ. Prac. & Rem. Code Ann. § 101.106(e) (Vernon 2006). Claims against other parties remain unresolved in the trial court. Thus, the trial court's order is not appealable as a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Hicks v. Tarrant Cty. Sheriff's Dep't, No. 02-05-381 CV (Tex. App.--Fort Worth Dec. 1, 2005, pet. denied) (mem. op.). Although we gave notice that the appeal was subject to dismissal, Anderson failed to file a response that showed grounds for continuing the appeal. See Tex. R. App. P. 42.3. Anderson supplied no authority that supports the exercise of appellate jurisdiction at this time.

Accordingly, the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered September 11, 2008

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