Monday, March 7, 2016

No written order, no final judgment, no appeal.

Originally published by David Coale.

AdvoCare filed a petition to take a Rule 202 deposition from Michael Moussa; Moussa, joined by Shereef Kamel, counterclaimed.  AdvoCare obtained a $3,500 sanctions award against Kamel and his counsel related to that filing.  They appealed, arguing that “AdvoCare never asserted any affirmative claim for relief in the suit, the rule 202 petition has been ‘superseded and rendered moot’ by the institution of arbitration proceedings initiated by AdvoCare against Moussa and Kamel, and their counterclaims are no longer pending because they have nonsuited the counterclaims.”  The Fifth Court disagreed because no written order confirmed the nonsuit; accordingly, it dismissed for lack of appellate jurisdiction over an appealable final order. Kamel v. AdvoCare Int’l, L.P., No. 05-15-01295-CV (March 4, 2016) (mem. op.)

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
via Abogado Aly Website

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