Order entered May 8, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01637-CV
DR. RICHARD MALOUF AND LEANNE MALOUF, Appellants
V.
GRAHAM WOOD AND AOL, INC., Appellees
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-12-06268-C
ORDER
By order dated March 25, 2014, the Court questioned its jurisdiction over the portion of
the above-captioned appeal concerning the trial court’s order, signed November 5, 2013, in
which the trial court dismissed all claims against defendant Graham Wood. The Court directed
the parties to file jurisdictional briefing addressing this Court’s jurisdiction over the claims in the
appeal involving Graham Wood. In response to the Court’s order, the parties obtained a joint
order of severance from the trial court, severing all claims asserted against Graham Wood into
trial court cause number CC-14-1556-C. It now appears that the Court has jurisdiction over all
matters appealed in the above-captioned case.
Accordingly, the Court ORDERS the Clerk of the Court to docket the appeal of the trial
court’s order in trial court cause number CC-14-1556-C as a new appeal bearing the appellate
cause number 05-14-00568-CV and the style, Dr. Richard Malouf and Leanne Malouf v Graham
Wood. The Court ORDERS the Clerk of the Court to include a copy of all documents from
cause number 05-13-01637-CV in cause number 05-14-00568-CV and to treat the filing fee
previously paid by Dr. Richard Malouf and Leanne Malouf in cause number 05-13-01637-CV as
paid in 05-14-00568-CV.
Appellate cause number 05-13-01637-CV, which encompasses the appeal by AOL, Inc.
of the trial court’s denial in trial court cause number CC-12-06268-C of its motion under chapter
27 of the Texas Civil Practices and Remedies Code, shall remain pending. The Court ORDERS
the Clerk of the Court to restyle cause number 05-13-01637-CV as AOL, Inc. v. Dr. Richard
Malouf and Leanne Malouf.
At the request of the parties, by order dated March 25, 2014, the Court established a
combined briefing schedule for all the claims then included in cause number 05-13-01637-CV,
including the claims asserted against Graham Wood. The parties shall continue to adhere to the
briefing schedule established by that order and shall file their briefs in cause number 05-13-
01637-CV and cause number 05-14-00568-CV according to the schedule set forth in the order
dated March 25, 2014 as a single document bearing both cause numbers.
.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE