Opinion
No. 04-16-00341-CV
07-22-2016
Monica GUERRA, Individually and on behalf of the Estate of Gilberto Guerra and as Next Friend of Naomi Guerra, et al., Appellants v. FOWLER TRANSPORTATION, LTD., et al, Appellee
From the 293rd Judicial District Court, Dimmit County, Texas
Trial Court No. 15-08-12674-DCV
Honorable Cynthia L. Muniz, Judge Presiding
ORDER
On June 21, 2016, we issued an order directing appellants to show cause in writing why this appeal should not be dismissed for lack of jurisdiction because it appeared that the appellants sought to appeal a partial summary judgment order. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). Appellants filed a timely response stating that a nonsuit was taken with respect to the remaining defendants, Eduardo Salazar, the personal representative of the Estate of Eduardo Salazar, and the heirs of Eduardo Salazar. Appellants attached copies of their notice of nonsuit and the trial court's order granting the nonsuit. We therefore conclude that the summary judgment is a final judgment and we have jurisdiction over this appeal.
Accordingly, the trial court clerk is ORDERED to file a supplemental clerk's record containing the appellants' notice of nonsuit filed on or about March 26, 2015 and the trial court's order granting the nonsuit signed on March 31, 2015, in this court within ten (10) days from the date of this order. It is further ORDERED that the appellants' brief is due thirty (30) days after the date of this order.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of July, 2016.
/s/_________
Keith E. Hottle
Clerk of Court