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Garcha v. Chatha

Court of Appeals Fifth District of Texas at Dallas
Feb 8, 2018
No. 05-17-00084-CV (Tex. App. Feb. 8, 2018)

Opinion

No. 05-17-00084-CV

02-08-2018

PARDEEP GARCHA, CHAMBAL TRUCK AND SERVICE CENTER, LLC AND GARCHA TRUCK AND TRAILER SERVICE CENTER, INC., Appellants v. HARDIAL CHATHA, Appellee


On Appeal from the County Court at Law No. 1 Dallas County, Texas
Trial Court Cause No. CC-16-01182-B

ORDER

Before Justices Bridges, Myers, and Schenck

By letter dated January 25, 2018, the Clerk of this Court notified the parties that we had reviewed the clerk's record and questioned whether we had jurisdiction over this appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). We requested appellants to file, no later than February 5, 2018, a jurisdictional letter brief explaining how this Court has jurisdiction over this appeal. We also permitted appellee to file a responsive letter brief. On January 30, 2018, appellee filed a plea in abatement in which he requested this Court abate this appeal so that appellee may finalize the proceedings in the trial court by filing a motion to nonsuit the remaining claims not part of the final judgment. See TEX. R. APP. P. 27.2; McNally v. Guevara, 52 S.W.3d 195, 196 (Tex. 2001). As of today, appellants have not filed a letter brief or otherwise responded to the January 25, 2018 letter from the Clerk of this Court.

We ABATE this appeal to allow appellee to nonsuit any remaining claims that are not part of the October 10, 2016 Final Summary Judgment.

We ORDER the trial court to transmit a supplemental record of any motions and orders for nonsuit within THIRTY (30) DAYS of the date of this order. See TEX. R. APP. P. 43.6.

The appeal shall be reinstated THIRTY (30) DAYS from the date of this order or when the supplemental record is received, whichever is earlier.

/s/ DAVID L. BRIDGES

PRESIDING JUSTICE


Summaries of

Garcha v. Chatha

Court of Appeals Fifth District of Texas at Dallas
Feb 8, 2018
No. 05-17-00084-CV (Tex. App. Feb. 8, 2018)
Case details for

Garcha v. Chatha

Case Details

Full title:PARDEEP GARCHA, CHAMBAL TRUCK AND SERVICE CENTER, LLC AND GARCHA TRUCK AND…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 8, 2018

Citations

No. 05-17-00084-CV (Tex. App. Feb. 8, 2018)