Winkins v. Frank Winther Investments, Inc.

OPINION

MIRABAL, Justice.

This is an appeal from a take-nothing summary judgment against plaintiffs in a suit alleging fraud and DTPA 1 violations.

In cross-points one through three, and in a motion to dismiss appeal for want of jurisdiction, appellees assert that this Court lacks jurisdiction because appellants failed to timely perfect their appeal.

Appellants appeal from a summary judgment signed on March 3, 1992. The summary judgment did not become final until September 18, 1992, when the trial court signed an order nonsuiting appellees’ counterclaims. Having filed no motion for new trial,…