Opinion
05-22-00263-CV
08-17-2022
MICHAEL BEAL, Appellant v. PRUVIT VENTURES, INC., Appellee
On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-06415-2019
ORDER
KEN MOLBERG, JUSTICE
This appeal challenges the trial court's April 26, 2021 summary judgment order dismissing appellant's counterclaims against Pruvit Ventures, Inc. Appellant filed the appeal after the trial court signed an order dismissing Pruvit's claims against appellant. As reflected in the record, however, Pruvit also sued Brian Rhodes and Ray Dietrich. Pruvit nonsuited both Rhodes and Dietrich, but the trial court signed an order dismissing only Rhodes.
Because an appeal may generally only be taken after an order disposing of all parties and claims has been signed, we questioned our jurisdiction over the appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Harris Cty. Appraisal Dist. v. Wittig, 881 S.W.2d 193, 194 (Tex. App.-Houston [1st Dist.] 1994, no writ) (op. on reh'g) (signing of order granting nonsuit essential to trigger appellate timetables). At our direction, the parties filed letter briefs addressing our concern. Pruvit agrees we lack jurisdiction; appellant argues, in part, that we should allow the trial court an opportunity to sign an order dismissing Pruvit's claims against Dietrich.
The signing of an order granting a nonsuit is a ministerial act. See Wittig, 881 S.W.2d at 194. Accordingly, we GRANT the request and ORDER the trial court to sign an order dismissing Pruvit's claims against Dietrich no later than September 16, 2022. A supplemental clerk's record containing a copy of the order shall be filed no later than September 23, 2022.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Jill Willis, Presiding Judge of the 429th Judicial District Court; Collin County District Clerk Lynne Finley; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal shall be reinstated no later than September 30, 2022 and is subject to dismissal without further notice should a final order not be signed. See Tex. R. App. P. 42.3(a); Lehmann, 39 S.W.3d at 191.