Patrick Thobe v. the University of Texas Southwestern Medical Center

• Court: Court of Appeals of Texas
• Decided: January 30, 2015
• Docket: 05-14-01450-CV
• Status: Published

Opinion

CHIEF JUSTICE LISA MATZ CAROLYN WRIGHT CLERK OF THE COURT (214) 712-3450 JUSTICES theclerk@5th.txcourts.gov DAVID L. BRIDGES MOLLY FRANCIS GAYLE HUMPA DOUGLAS S. LANG BUSINESS ADMINISTRATOR ELIZABETH LANG-MIERS (214) 712-3434 ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov LANA MYERS Court of Appeals DAVID EVANS FACSIMILE DAVID LEWIS Fifth District of Texas at Dallas (214) 745-1083 ADA BROWN 600 COMMERCE STREET, SUITE 200 CRAIG STODDART INTERNET BILL WHITEHILL DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX DAVID J. SCHENCK (214) 712-3400

January 30, 2015

Mr. Joseph Wesley Dauphinot Dauphinot Law Firm 900 W. Abram St. Arlington, Texas 76013

RE: Court of Appeals Number: 05-14-01450-CV Trial Court Case Number: DC-12-14434

Style: Patrick Thobe v. The University of Texas Southwestern Medical Center

Dear Mr. Dauphinot:

The Court has reviewed the clerk’s record and has a question concerning its jurisdiction over the appeal. Specifically, it appears the judgment is not final. Generally, this Court has jurisdiction only over appeals from final judgments. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims.

Appellant filed suit against The University of Texas Southwestern Medical Center, Southwestern Medical Foundation, The University of Texas System Medical Foundation, and the Board of Regents of the University of Texas System. Appellant is appealing three orders signed on October 24, 2014 granting the University of Texas Southwestern Medical Center’s no- evidence motion for summary judgment, traditional motion for summary judgment, and plea to the jurisdiction. It appears appellant’s claims against Southwestern Medical Foundation, The University of Texas System Medical Foundation and the Board of Regents of the University of Texas System remain pending. It appears that appellant filed a notice of nonsuit of its claims against these three defendants on May 22, 2013.1 A notice of nonsuit is not effective until the trial court signs an order. See Park Place Hospital v. Estate of Milo, 909 S.W.2d 508, 510 (Tex. 1999). Thus, it appears appellant’s claims against these defendants remain pending.

So that this Court can determine its jurisdiction over the appeal, you are requested to file, by FEBRUARY 10, 2015 a jurisdictional letter of no more than 3 pages explaining how this Court has jurisdiction over this appeal. Appellee may file a responsive letter brief of no more

1 The notice of nonsuit appears on the trial court’s website but is not in the clerk’s record filed with this Court. than 3 pages within 10 days of appellant’s brief. No extension of time will be granted. If either party will be relying on information not in the record before this Court, that party must obtain a supplemental clerk’s record from the trial court containing that information.

The current deadline for appellant’s brief on the merits is suspended. After it has received briefs regarding the jurisdictional issue, the Court will either: (1) order the appeal dismissed for want of jurisdiction; or (2) notify the parties by letter that the Court appears to have jurisdiction over the appeal and the deadline for appellant’s brief on the merits. We caution appellant that failure to file a jurisdictional brief by February 10, 2015 may result in dismissal of the appeal without further notice.

Respectfully,

/s/ Lisa Matz, Clerk of the Court

cc: Mr. William Deane Assistant Attorney General P.O. Box 12548 Capitol Station Austin, Texas 78711

LM/rz