Opinion

Memorandum Opinion on Motion for Rehearing issued July 11, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00073-CV

ATCO - VALLEY PLAZA, L.L.C.; DERREST S. WILLIAMS; TEXAS

GENERAL STORAGE SYSTEMS, INC.; AND TEXAS GULF

DEVELOPMENT, L.P., Appellants

V.

THE GATES CORPORATION, OKLATEX CORP.; BROWN, BUTERA &

MACDOUGALL, INC.; OKLATEX PROTECTORS, INC.; PRISCILLA G.

NELSON (A/K/A GAIL P. NELSON AND PRISCILLA GAIL SANDERS);

AND SANDRA J. BOATMAN (A/K/A SANDRA SAPP BOATMAN),

Appellees

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2004-67995

MEMORANDUM OPINION ON MOTION FOR REHEARING Appellant ATCO-Valley Plaza, L.L.C. has filed a motion for rehearing,

asserting that this Court did not have jurisdiction of this case when on May 22, 2008

we dismissed the appeal because appellants had neither established indigence, nor

paid or made arrangements to pay the clerk's fee for preparing the clerk's record. See

Tex. R. App. P. 20.1 (listing requirements for establishing indigence), 37.3(b)

(allowing dismissal of appeal if no clerk's record filed due to appellant's fault).

Appellant asserts this Court's lack of jurisdiction based on its assertion that on

January 30, 2008, within 30 days of the trial court's signature of its judgment of

dismissal, the trial court signed an order reinstating the case on the trial court's

docket, resulting in a lack of a final appealable trial court judgment. Appellant

supported its assertion with an attached certified copy of the trial court's order of

reinstatement, requested withdrawal of this Court's May 22, 2008 opinion and

judgment, and requested a new order dismissing the appeal for want of jurisdiction.

We requested the parties to respond to appellant's motion for rehearing by June

27, 2008, but we have received no response. We grant appellant's motion for

rehearing, withdraw our May 22, 2008 opinion, vacate our May 22, 2008 judgment,

and dismiss this appeal for want of jurisdiction due to an absence of a final appealable

judgment. Lehmann v. Har-Con Corp. 39 S.W.3d 191, 195 (Tex. 2001); St. Raphael

Medical Clinic, Inc. v. Mint Medical Physician Staffing, LP, 244 S.W.3d 436, 439

(Tex. App. [Houston 1st Dist. 2008, no pet.) (The general rule, with a few mostly

statutory exceptions, is that an appeal may be taken only from a final judgment).

None of the statutory exceptions apply here.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Higley.