IN THE
TENTH COURT OF APPEALS
No. 10-05-00124-CV
T.C. & C. Real Estate Holdings, Inc.,
Appellant
v.
Danny R. Sherrod and Wife,
Wendy Sherrod,
Appellees
From the 77th District Court
Limestone County, Texas
Trial Court No. 27,034-A
BRIEFING ORDER
The parties are notified that the Court questions its jurisdiction because the plaintiff amended its original petition, adding another cause of action, after the defendants filed their motion for summary judgment.
The parties are ordered to brief the question whether the trial court’s judgment is a final, appealable order. See Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001). Appellant’s brief is due within 21 days from the date of this Order. Appellees’ brief is due
within 21 days from the date Appellant files its brief.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Order issued and filed May 31, 2006
Do not publish
sons for a severance are to do justice, avoid prejudice and further convenience. St. Paul Ins. Co. v. McPeak, 641 S.W.2d 284 (Tex.App.--Houston [1st Dist] 1982, writ ref'd n.r.e.).
Guaranty Federal Sav. Bank v. Horseshoe Operating Co., 793 S.W.2d 652, 658 (Tex. 1990)
Conclusion
For these reasons. I dissent from the severance and reinstatement order.
TOM GRAY
Chief Justice
Dissenting opinion delivered and filed May 25, 2005