Order entered November 7, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00990-CV
JEANNIE MCKELVY, Appellant
V.
COLUMBIA MEDICAL CENTER OF MCKINNEY, ET AL, Appellees
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-04187-2011
ORDER
In a letter dated September 3, 2013, the Court requested the Collin County District Clerk
to file a supplemental clerk’s record containing the trial court’s June 21, 2013 order granting the
defendant’s motion to dismiss. In response, the Court received a supplemental clerk’s record
containing a certification that states:
Per the Court’s request, I certify that in the above-styled case there is no
signed order granting the defendant’s motion to dismiss. There is only a docket
entry made by the trial court judge on June 21, 2013, with notice that the Order is
to be forthcoming.
Accordingly, we ORDER the Honorable Benjamin Smith, Judge of the 380th Judicial
District Court of Collin County, Texas, to sign, within twenty days of the date of this order, an
order granting the motion to dismiss. A supplemental clerk’s record containing the trial court’s
order shall be filed within thirty days of the date of this order.
We ABATE this appeal to allow the trial court to sign the order. This appeal will be
reinstated thirty days from the date of this order or when the Court receives a supplemental
clerk’s record containing the trial court’s order, whichever is sooner.
We DIRECT the Clerk of this Court to send a copy of this order by electronic
transmission to Judge Smith, the Collin County District Clerk, and all counsel of record.
/s/ ELIZABETH LANG-MIERS
JUSTICE