Opinion
05-24-00796-CV
08-15-2024
CAO DAI TAY NINH TEMPLES OF TEXAS, ET AL., Appellants v. TAM THANH NGUYEN, ET AL., Appellees
On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-08591
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
Appellants appeal from the trial court's May 13, 2024 order granting appellees' special appearance. Because a final judgment has been rendered, the appeal follows the ordinary timetable.
After reviewing the clerk's record, the Court has concerns about its jurisdiction over the appeal. Appellants sued seven defendants. On August 16, 2023, the trial court signed a default judgment against appellees, two of the defendants. Although this judgment addresses plaintiffs' claims against only appellees, it concludes with the following language: "This order is a final and appealable order as to all issues and all parties." Appellees filed a special appearance and motion for new trial on September 18, 2023. The trial court signed a final judgment on February 28 and an order granting appellees' special appearance on May 13 following a hearing on their motion for new trial and special appearance. So that we can determine our jurisdiction over this appeal, we ORDER The Honorable Emily Tobolowsky, Presiding Judge of the 298th Judicial District Court, to sign, no later than August 26, 2024, an order clarifying whether she intended the August 16 default judgment to finally dispose of the case.
If the trial court intended the August 16 default judgment to finally dispose of the case, it lacked plenary power to enter the February 28 judgment and May 13 order. See Tex. R. Civ. P. 329b(d).
We ORDER Dallas County District Clerk Felicia Pitre to file, no later than August 30, 2024, a supplemental clerk's record containing the trial court's order.
Also before the Court is appellants' July 30, 2024 motion for an extension of time to file their opening brief. Because the reporter's record has been requested but has not yet been filed, appellant's brief is not yet due. See Tex. R. App. P. 38.6(a)(2). Accordingly, we DENY the motion as premature.
We DIRECT the Clerk of this Court to send a copy of this order Judge Tobolowsky; Ms. Pitre; and all parties.