Lyndall D. McDaniel v. Jessy Dale Smith

Opinion

Order entered June 11, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00473-CV

LYNDALL D. MCDANIEL, Appellant V.

JESSY DALE SMITH, Appellee

On Appeal from the County Court at Law No. 1 Hunt County, Texas

Trial Court Cause No. CC1300047

ORDER

By letter dated May 21, 2015, the Court questioned its jurisdiction over this appeal noting

that the clerk’s record included a motion advising the trial court that the March 17, 2015 summary judgment order that is the subject of this appeal does not dispose of all pending claims and parties in the case. In response to the Court’s letter, appellant has moved to abate the appeal pending a June 25, 2015 hearing in the trial court on appellant’s motion to dispose of or sever the remaining claims in the case. We GRANT the motion and ABATE the appeal pending further order of the Court.

We ORDER appellant to file a status report on or before July 3, 2015. We caution appellant that failure to timely file the required status report will result in reinstatement and dismissal of the case.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE