Carol Shaw v. Bishop Airfield Ranch, LLC

Opinion

Order entered February 7, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00765-CV

CAROL SHAW, Appellant

V.

BISHOP AIRFIELD RANCH, LLC, Appellee

On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 90347

ORDER

We REINSTATE this appeal which we abated to allow the trial court an

opportunity to clarify whether it intended its May 9, 2022 order granting plaintiff’s

summary judgment to be final and appealable. The abatement was at the request of

appellant in response to appellee’s motion to dismiss the appeal on the ground we

lacked jurisdiction because the summary judgment was not final. On February 3,

2022, the trial court signed a clarification order stating its ruling on plaintiff’s

summary judgment was “in effect . . . a final and appealable judgment that [disposed] of all claims and all parties[.]” The order was included in a

supplemental clerk’s record filed February 6, 2023.

As the trial court has clarified that its ruling was a final and appealable

judgment, we DENY the motion to dismiss.

We ORDER appellee to file its brief no later than March 9, 2023.

/s/ BILL PEDERSEN, III JUSTICE