Opinion
No. 05-20-00201-CV
05-27-2020
KIMBERLY GOMEZ, Appellant v. SHAHRAM N. SANI, M.D., ET AL., Appellees
On Appeal from the 160th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-17-17417
ORDER
We questioned our jurisdiction over this appeal from eight summary judgment orders as it appeared from the record that claims against two parties not subject to the summary judgment orders remained pending. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (appeal may generally only be taken from final judgment disposing of all parties and claims). Although a notice of nonsuit as to those two parties was filed, an order of nonsuit has not been signed. See Iacono v. Lyons, 6 S.W.3d 715, 716 (Tex. App.—Houston [1st Dist.] 1999, order) (per curiam) (when nonsuit is filed after partial judgment, judgment does not become final until order granting nonsuit is signed).
At our direction, appellant has filed a letter brief addressing our concern. She agrees the summary judgments are not final until the trial court signs an order granting the nonsuit but requests we abate the appeal, instead of dismiss it, to allow the trial court an opportunity to sign a final order. Though given an opportunity to respond, appellees have not responded.
The signing of an order granting a nonsuit is a ministerial act. See id. Accordingly, we GRANT the request and ORDER the trial court to sign a final order no later than June 26, 2020. A supplemental clerk's record containing a copy of the judgment shall be filed no later than June 30, 2020.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Aiesha Redmond, Presiding Judge of the 160th Judicial District Court; Dallas County District Clerk Felicia Pitre; 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 July 3, 2020 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.
/s/ KEN MOLBERG
JUSTICE