No order, no clock-starter.

Originally published by David Coale.

“Appellate timetables do not run from the date the non-suit is filed, but from the date the trial court signs the order of dismissal.” Kerville Fitness Property LLC v. PE Services LLC, No. 05-17-01317-CV (March 25, 2019) (mem. op.) (citing In re: Bennett, 960 S.W.2d 35 (Tex. 1997)). Accordingly, a partial summary judgment order, coupled with a nonsuit of other claims, does not create finality for purposes of appellate deadlines.

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