Prince Joseph Bohannon, Individually and as Representative of the Estate of Shainel Leigh Bohannon, and as Next Friend of Madison Leigh Bohannon Michael Inman and Gale Inman v. Barry Winston

• Court: Court of Appeals of Texas
• Decided: April 26, 2007
• Docket: 09-07-00075-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-07-075 CV

PRINCE JOSEPH BOHANNON, MICHAEL INMAN,

AND GALE INMAN, Appellants

V.

RAJENDER K. SYAL AND BARRY WINSTON, Appellees

On Appeal from the 221st District Court

Montgomery County, Texas

Trial Cause No. 06-04-03944-CV

MEMORANDUM OPINION

The appellants, Prince Joseph Bohannon, Michael Inman, and Gale Inman, and the appellees, Rajender K. Syal and Barry Winston, filed a joint motion to reverse part of the judgment and sever that part of the cause for remand to the trial court. The parties agree the judgment erroneously disposed of the appellants' claims against Rajender K. Syal, and that the appellants' claims against Syal are severable from the appellants' claims against Winston. The Court finds the motion is made with agreement of all of the parties. See Tex. R. App. P. 42.1(a)(2), (b).

The joint motion to reverse in part, sever, and remand is granted. That part of the judgment of the trial court that dismissed the claims of Prince Joseph Bohannon, Michael Inman, and Gale Inman, against Rajender K. Syal, is reversed. We sever the claims of Prince Joseph Bohannon, Michael Inman, and Gale Inman, against Rajender K. Syal, from the remainder of the case, and remand the severed claims against Rajender K. Syal to the trial court for further proceedings. The appellants' appeal of the remaining part of the judgment, consisting of their claims against Barry Winston, shall continue.

REVERSED IN PART, SEVERED, AND REMANDED.

_____________________________

STEVE McKEITHEN

Chief Justice

Opinion Delivered April 26, 2007

Before McKeithen, C.J., Gaultney and Horton, JJ.