Carol Shaw v. Bishop Airfield Ranch, LLC
This text of Carol Shaw v. Bishop Airfield Ranch, LLC (Carol Shaw v. Bishop Airfield Ranch, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
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