Order entered July 8, 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 did not appear to include an appealable order and that the clerk’s record
included a motion advising the trial court that it had not disposed of outstanding third-party
claims and counter-claims. By order dated June 11, 2015, we granted appellant’s motion to
abate the appeal pending a June 25, 2015 hearing on appellant’s motion to sever the third-party
claims and counter-claims. On July 7, 2015, the clerk’s record was supplemented to include the
trial court’s March 17, 2015 order granting summary judgment. Upon inspection of the order, it
now appears that the Court has jurisdiction over this appeal.
Accordingly, we REINSTATE the appeal. Appellant’s brief on the merits is due on or
before August 6, 2015.
/s/ ELIZABETH LANG-MIERS
JUSTICE