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Guerra v. Garcia

Court of Appeals of Texas, Fifth District, Dallas
Aug 27, 2024
No. 05-24-00474-CV (Tex. App. Aug. 27, 2024)

Opinion

05-24-00474-CV

08-27-2024

JUAN GUERRA, ET AL., Appellants v. JORGE GARCIA, ET AL., Appellees


On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-07967

ORDER

ROBERT D. BURNS, III CHIEF JUSTICE

The trial court signed a "Final Judgment" on March 20, 2024. The judgment recites "This judgment disposes of all claims and all parties and is a final and appealable judgment." However, other language in the judgment indicates that the trial court did not intend to render a final judgment. The judgment provides that it is "not intended to waive Plaintiffs' claims against W. Lee Calhoun, Cody Robinson, Jason Speights, Speights & Worrich, and Speights Law Firm, PLLC and specifically, that such claims are to be decided in arbitration." Considering the conflicting language within the judgment, we ORDER the trial court to sign, no later than September 13, 2024, an order clarifying whether it intended the March 20 judgment to finally dispose of the case.

We ORDER Dallas County District Clerk Felicia Pitre to file, no later than September 18, 2024, a supplemental clerk's record containing the trial court's order.

We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Ashley Wysocki, Presiding Judge of the 162nd Judicial District Court; Ms. Pitre; and all parties.

Appellant's motion to dismiss will be determined following clarification from the trial court.


Summaries of

Guerra v. Garcia

Court of Appeals of Texas, Fifth District, Dallas
Aug 27, 2024
No. 05-24-00474-CV (Tex. App. Aug. 27, 2024)
Case details for

Guerra v. Garcia

Case Details

Full title:JUAN GUERRA, ET AL., Appellants v. JORGE GARCIA, ET AL., Appellees

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 27, 2024

Citations

No. 05-24-00474-CV (Tex. App. Aug. 27, 2024)