Tuesday, April 19, 2022

Finality, Finally.

In Wofford v. Pinnacle:

  • A summary judgment, granted on July 20, 2021, disposed of some but not all claims in the litigation;
  • On July 29, the claims addressed by that summary judgment were severed into a new cause (thus creating a final judgment as to those matters);
  • On August 30, 2021, the trial court’s plenary power expired in the new cause; and
  • In October 2021, the trial court signed a final judgment in the new cause which was later appealed.

The Fifth Court dismissed for lack of jurisdiction: “[B]ecause the July summary judgment was made final by the severance and the trial court’s plenary power expired August 30, the October final judgment is void.” No. 05-22-00071-CV (April 18, 2022) (mem. op.).

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