Opinion
No. 04-12-00779-CV
2013-09-16
Shannon L. JOHNSON and Javier G. Gonzalez, Appellants v. WATERS AT ELM CREEK LLC, Appellee
From the County Court at Law No. 2, Bexar County, Texas
Trial Court No. 354267
Honorable Irene Rios, Judge Presiding
ORDER
ORAL ARGUMENT ADVISORY
The panel assigned to hear oral argument in this appeal is familiar with the facts and requests that the parties be prepared to address the law holding that an order denying a motion for summary judgment is not reviewable on appeal when the case is subsequently tried on its merits. Ackerman v. Vordenbaum, 403 S.W.2d 362, 365 (Tex. 1966); Williams v. Colthurst, 253 S.W.3d 353, 359-60 (Tex. App.—Eastland 2008, no pet.). The panel further requests that the parties be prepared to address the issue raised in the amicus brief regarding the trial court's second sanctions order which is based, in part, on the filing of an original proceeding in this court.
It is so ORDERED on September 16, 2013.
PER CURIAM ATTESTED TO: _____________________________
Keith E. Hottle, Clerk