FDP
Fourth Court of Appeals
San Antonio, Texas
October 29, 2014
No. 04-14-00641-CV
Robert MARX and Debbie Marx,
Appellants
v.
FDP, LP,
Appellee
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. 12-03-0101-CVW
Honorable Stella Saxon, Judge Presiding
ORDER
The underlying lawsuit originally involved two plaintiffs: Larry Friesenhahn and FDP,
LP. Plaintiffs filed suit against three defendants: Robert Marx, Debbie Marx, and Diego Lopez.
On April 8, 2013, both plaintiffs filed a Notice of Nonsuit, without prejudice, against one of the
defendants, Diego Lopez. On July 9, 2014, plaintiff FDP, LP filed a motion for summary
judgment, which was granted on August 11, 2014. Robert Marx and Debbie Marx seek to appeal
this judgment.
After the clerk’s record was filed in this appeal, it appeared the claims asserted by
plaintiff Larry Friesenhahn had not been disposed of, and both plaintiffs’ claims against Lopez
may have been reinstated in an amended petition. Supplemental clerk’s records have since been
filed containing nonsuits. Accordingly, the summary judgment appellants wish to appeal is now
final.
This appeal is ORDERED reinstated on this court’s docket, and appellant’s brief is due
no later than December 1, 2014.
_________________________________
Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 29th day of October, 2014.
___________________________________
Keith E. Hottle
Clerk of Court