Michael R. Benbo v. Texas Tech University Health Science Center

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH NO. 2-02-428-CV

MICHAEL R. BENBO                                                          APPELLANT

V.

TEXAS TECH UNIVERSITY                                               APPELLEE
HEALTH SCIENCE CENTER

---------- FROM THE 89^TH DISTRICT COURT OF WICHITA COUNTY ---------- MEMORANDUM OPINION⁽¹⁾ AND JUDGMENT   ----------

On January 3, 2003 we notified appellant, in accordance with TEX. R. APP. P. 42.3., that this court may not have jurisdiction over this appeal because there is no final judgment. We stated that the appeal would be dismissed for want of jurisdiction unless appellant or any party desiring to continue the appeal filed with the court within ten days a response showing grounds for continuing the appeal.

We received appellant's response on January 17, 2003. The appellant's response has been considered and it is the opinion of the court that this appeal should be dismissed for want of jurisdiction because the overruling of a motion to dismiss is not a final judgment. See TEX. R. APP. P. 42.3(a), 43.2(f). Accordingly, we dismiss the appeal.

PER CURIAM

PANEL D: GARDNER, J.; CAYCE, C.J.; WALKER, J.

[DELIVERED FEBRUARY 13, 2003.]

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1. See Tex. R. App. P. 47.4.