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COASTAL TERMINAL OPERATORS v. ESSEX CRANE

No. 14-02-00627-CV.

133 S.W.3d 335 (2004)

COASTAL TERMINAL OPERATORS and James W. McPherson, Appellants v. ESSEX CRANE RENTAL CORP., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

April 22, 2004.

Attorney(s) appearing for the Case

Eric G. Carter, Houston, for appellants.

Thomas W. Sankey, E. John Gorman, Houston, for appellees.

Panel consists of Justices EDELMAN, FROST, and GUZMAN.

ABATEMENT ORDER

PER CURIAM.

At issue in this case is whether a trial court's judgment is final and appealable if it does not dispose of a counterclaim filed after a summary-judgment hearing and with no indication of leave of court, but before the entry of the judgment. Appellants/defendants Coastal Terminal Operators and James W. McPherson argue the trial court's August 23, 2002 judgment is not final and that this court should abate this appeal. We agree...

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