Order entered June 11, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00473-CV
LYNDALL D. MCDANIEL, Appellant
V.
JESSY DALE SMITH, Appellee
On Appeal from the County Court at Law No. 1
Hunt County, Texas
Trial Court Cause No. CC1300047
ORDER
By letter dated May 21, 2015, the Court questioned its jurisdiction over this appeal noting
that the clerk’s record included a motion advising the trial court that the March 17, 2015
summary judgment order that is the subject of this appeal does not dispose of all pending claims
and parties in the case. In response to the Court’s letter, appellant has moved to abate the appeal
pending a June 25, 2015 hearing in the trial court on appellant’s motion to dispose of or sever
the remaining claims in the case. We GRANT the motion and ABATE the appeal pending
further order of the Court.
We ORDER appellant to file a status report on or before July 3, 2015. We caution
appellant that failure to timely file the required status report will result in reinstatement and
dismissal of the case.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE
Lyndall D. McDaniel v. Jessy Dale Smith
Combined Opinion