Opinion
05-24-00800-CV
08-14-2024
BRIAN BLANKMAN, Appellant v. WILLOW BEND D/B/A/ SOUTH LIMESTONE HOSPITAL, Appellee
On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-06260-2023.
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE.
Appellant appeals from the trial court's February 12, 2024 interlocutory order granting appellee's plea to the jurisdiction. Because the notice of appeal was untimely filed but within the fifteen-day grace period, we directed appellant to file an extension motion. See Tex. R. App. P. 26.1(b) (in accelerated appeal, notice of appeal due within twenty days of the date of judgment), 26.3 (extension may be granted if notice of appeal filed within fifteen days of deadline).
As directed, appellant filed a motion for extension of time to file the notice of appeal on August 7, 2024. On August 9, however, appellant's counsel filed a letter informing the Court that appellant has filed a notice of nonsuit of his claims against the remaining defendant. Nothing before us reflects that the trial court has signed an order of nonsuit which will make the appealed interlocutory order final and the notice of appeal timely. ever, the order granting the non-suit, not the filing of the non-suit, triggers appellate deadlines. See Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (order granting the nonsuit triggers appellate deadlines).
Accordingly, we ORDER Collin County District Clerk Michael Gould to file, no later than August 30, 2024, a supplemental clerk's record containing either an order of nonsuit or written verification that the trial court has not signed a nonsuit order.
Because an order of nonsuit will render an extension motion unnecessary, the Court will take no action on appellant's extension motion.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Jill Renfro Willis, Presiding Judge of the 429th Judicial District Court; Mr. Gould; and all parties.