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Parker County Veterinary Clinic, Inc., D/B/A Parker County Veterinary Hospital, Inc., Pat Jarrett, Individually and Jarrett Properties, LLC v. GSBS Batenhorst, Inc.

Citation: Not availableDocket: 02-08-00248-CV

Court: Court of Appeals of Texas; August 7, 2008; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellants Parker County Veterinary Clinic, Inc., Pat Jarrett individually, and Jarrett Properties, LLC sought to appeal a May 14, 2008 order from the trial court that granted GSBS Batenhorst, Inc.'s motion to dismiss. On June 17, 2008, the Court of Appeals expressed concerns regarding its jurisdiction, noting that the appealed order did not resolve all parties in the case and was not a final appealable interlocutory order. The trial court confirmed that no severance order had been issued to separate the appellants' case against GSBS Batenhorst, Inc. from the other defendants. The court instructed the appellants to provide a response by June 27, 2008, to demonstrate grounds for continuing the appeal; however, the appellants did not comply. Consequently, the court dismissed the appeal for want of jurisdiction. The memorandum opinion was delivered by a panel including Chief Justice Cayce and Justices Livingston and Dauphinot on August 7, 2008.

Legal Issues Addressed

Dismissal for Want of Jurisdiction

Application: The appeal was dismissed due to the appellants' failure to demonstrate grounds for jurisdiction.

Reasoning: Consequently, the court dismissed the appeal for want of jurisdiction.

Finality of Orders for Appeal

Application: The court addressed whether the order being appealed was a final order or an appealable interlocutory order.

Reasoning: On June 17, 2008, the Court of Appeals expressed concerns regarding its jurisdiction, noting that the appealed order did not resolve all parties in the case and was not a final appealable interlocutory order.

Requirement for Severance to Appeal

Application: The absence of a severance order was a factor in determining that the appeal was not permissible.

Reasoning: The trial court confirmed that no severance order had been issued to separate the appellants' case against GSBS Batenhorst, Inc. from the other defendants.