To sign, or not to sign –

Originally published by David Coale.

In a recent mandamus opinion, the Fifth Court found that laches began to run when a coordinator’s “e-mail states specifically that the judge had granted the motion to strike and, as such, signing an order was merely a ministerial act.” In re Yamaha Golf-Car Co., 05-19-00292-CV (April 8, 2019) (mem. op.) As a direct-appeal counterpoint, Swart v. Morales holds: “Although the record includes a memorandum ruling on the trial court’s letterhead, the ruling is not signed. This Court has jurisdiction over appeals from signed orders or judgments. Without a signed appealable order, this Court lacks
jurisdiction over this appeal.” No. 05-18-01229-CV (April 10, 2019) (mem. op.) (citations omitted).

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