Opinion
14-24-00243-CV
06-18-2024
TERRY MOONEYHAM, Appellant v. DAVID F. KNAPP, Appellee
On Appeal from the Probate Court No 3 Harris County, Texas Trial Court Cause No. 510040-401
Panel Consists of Justices Jewell, Zimmerer, and Hassan.
ORDER
PER CURIAM.
This is an appeal from an August 31, 2023 order granting appellee's motion for summary judgment, which was finalized by an order of severance signed June 1, 2024. On April 2, 2024, appellant filed her notice of appeal of the August 31, 2023 order. When appellant filed her notice of appeal, the June 1, 2024 severance order had not been signed, and the August 31, 2023 order was not final. The trial court's June 1, 2024 order severed the claims disposed of by the August 31, 2023 order into a new trial court cause number 510040-402. Accordingly, appellant's notice of appeal, although prematurely filed in the correct cause number of 510040-401, now incorrectly states the trial court cause number, and this appeal has been docketed with a trial court cause number that, though correct when docketed, has changed due to the severance order. Therefore, we order appellant to file an amended notice of appeal within 10 days or this appeal may be subject to dismissal for want of jurisdiction without further notice. See Tex. R. App. P. 42.3(a).
On June 13, 2024, appellant filed an emergency motion to stay the underlying proceeding in Trial Court Cause No. 510040-401. See Tex. R. App. P. 29.3. We grant appellant's motion to stay and order all trial court proceedings in Trial Court Cause No. 510040-401 stayed pending the resolution of this appeal or further order of the court.