Helping Hands Home Care, Inc. D/B/A at Home Healthcare, Johnny James Grice v. Home Health of Tarrant County, Inc. D/B/A Home Health Specialties

Opinion

Order issued December /8 , 2012

In The Tottrt ul Apprals JITiIf I District of &rxas at Dallas No. 05-08-01657-CV

HELPING HANDS HOME CARE, INC. D/B/A AT HOME HEALTHCARE, JOHNNY JAMES GRICE AND LAURA DELZELL, Appellants V. HOME HEALTH OF TARRANT COUNTY, INC. D/B/A HOME HEALTH SPECIALTIES, Appellee

ORDER

After issuing its opinion in this matter, the Court received an email from a non-party

regarding the phrase "is entitled to recover" as it was used in the Court's judgment. We ORDER the

Clerk of Court to file that email, including the attachment, of record in this matter and provide the

parties to this case with copies of the email, including the attachment.

If any party would like to respond concerning the issues mentioned in the email, that party

may file a letter brief consisting of no more than five (5) pages no later than fifteen (15) days after

the date of this ORDER. The parties are not required to filea1r brief

J OSELEY J iSTICE From: Taylor, Ben To: Lisa Matz Subject: 05-08-01657-CV / judgment effectiveness.finality concern Date: November 27, 2012 1:04:32 PM Attachments: duke1.pdf Importance: Low

lisa, i'm a little worried about the fifth court's judgment stating merely that one party "is entitled to recover" stated dollars from another. we had an analogous issue with a tarrant county trial court judgment stating the plaintiff "is entitled to recover" judgment and after a big fight in 2nd ca fort worth, the 2nd ca fort worth held such language did not effectively order that the party SHALL recover the money (and therefore was interlocutory and unappealable). i'm sure they 5th ca did not intend to render anything but a final and appealable 5th ca judgment, and i'm confident your office was going by what the court's OPINION said, but i had these concerns and i sure hope they can be passed along. respectfully, bt

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Ben Taylor, Partner FULBRIGHT & Jaworski L.L.P. • 2200 Ross Avenue, Suite 2800 • Dallas, Texas 75201-2784 T: 214 855 8110 • F: 214 855 8200 • btaylor@fulbright.com • www.fulbright.com/btaylor _________________________________________________________________________ To reply to our email administrator directly, send an email to postmaster@fulbright.com