Summary
The Texas Court of Appeals for the First District of Houston ordered the parties to address whether a severance order had been signed concerning Jack Permison’s claims against Dave Ward. The court stated that the existence and timing of such an order could affect its appellate jurisdiction over Permison’s appeal of summary judgments dismissing those claims, and ordered any severance order to be included in a supplemental clerk’s record.
Topics
Practice areas
Questions Presented
- Whether the Court of Appeals had jurisdiction over Permison's appeal from the summary judgments in favor of Dave Ward, in light of the final judgment's statement that Ward's claims had been severed.
- Whether a severance order existed, when it was signed, and whether the order was entered before submission to the trier of fact.
Holdings
- An appellate court must determine its jurisdiction sua sponte, and it may not ignore a possible lack of jurisdiction merely because the parties have not raised the issue.
- An interlocutory summary judgment ordinarily becomes final when it merges into the final judgment, but when the trial court severs the interlocutory judgment into a separate cause, the judgment becomes final immediately.
- A severance that makes an interlocutory judgment immediately final must occur before submission to the trier of fact.
Key quotations
“Ordinarily, an interlocutory summary judgment becomes final when it merges with the final judgment.”
“But when the trial court severs an interlocutory judgment into a separate cause, it becomes final immediately.”
“Appellate courts must determine, even sua sponte, the question of jurisdiction, and the lack of jurisdiction may not be ignored simply because the parties do not raise the issue.”
Factual background
Before trial, the trial court granted two summary judgments dismissing Permison's claims against Dave Ward. At trial, the court granted directed verdicts in favor of Carrie Morris. The final judgment stated that Permison's claims against Ward had been severed from the case at the beginning of trial, but the appellate record did not include the alleged severance order.
Procedural history
The 400th District Court of Fort Bend County granted two motions for summary judgment dismissing Permison's claims against Ward before trial. During trial, the court granted directed verdicts in favor of Morris and signed a final judgment on December 8, 2017. The final judgment stated that Permison's claims against Ward had been severed at the beginning of trial, but the appellate record did not contain the alleged severance order. The Court of Appeals ordered the parties to address whether a severance order existed, when it was signed, and whether the court had jurisdiction over the appeal of the summary judgments.
Remand instructions
The parties were ordered to file responses by July 8, 2019, stating whether the trial court signed a severance order, when it was signed, and whether the Court of Appeals had jurisdiction over the appeal of the summary judgments dismissing Permison's claims against Ward. If a severance order existed, the parties were ordered to file a supplemental clerk's record containing it.