ACCEPTED
05-17-00084-cv
FIFTH COURT OF APPEALS
DALLAS, TEXAS
1/30/2018 3:41 PM
LISA MATZ
CLERK
FILED IN
5th COURT OF APPEALS
APPEAL NO. 05-17-00084-CV DALLAS, TEXAS
01/30/2018 3:41:12 PM
LISA MATZ
Clerk
IN THE COURT OF APPEALS
FIFTH APPELLATE DISTRICT
DALLAS, TEXAS
PARDEEP GARCHA, CHAMBAL TRUCK AND SERVICE, LLC AND
GARCHA TRUCK AND TRAILER SERVICE CENTER, INC.,
Appellants,
v.
HARDIAL CHATHA,
Appellee.
APPELLEE’S PLEA IN ABATEMENT
TO THE HONORABLE COURT:
COMES NOW Appellee Hardial Chatha (“Appellee”) and files Appellee’s
Plea in Abatement and in support thereof respectfully avers as follows:
1. On October 31, 2017, the Court sent a letter indicating that the case
would be submitted for disposition on January 23, 2018, without oral argument
Appellee’s Plea in Abatement Page 1
(the “Court’s October 31, 2017 Letter”). The Court’s October 31, 2017 Letter is
attached hereto as Exhibit “A”.
2. By letter dated January 25, 2018, the Court sent a letter addressed to
the Appellant (the “Court’s January 25, 2018 Letter”) stating that the Court may
not have jurisdiction over this appeal. The Court’s January 25, 2018 Letter is
attached hereto as Exhibit “B”. The parties were given briefing deadlines and
Appellee has since determined that under prevailing authority, the Final Judgment
is likely not final because the Final Judgment failed to dispose of all of the claims
asserted by Appellee against Appellant. Lehmann v. Har-Con Corp., 39 S.W.3d 191
(Tex. 2001).
3. Based upon the foregoing, Appellee therefore requests that pursuant to
Tex. R. App. P. 27.2, the Court abate this appeal so that Appellee may finalize
proceedings in the Trial Court by filing a motion to nonsuit the remaining claims
which are not part of the Final Judgment. In accordance with Tex. R. App. P. 27.2.
See Stephens McNally v. Joseph Guevara and Maria Trevino, 52 S.W.3d 195 (Tex.
2001). Appellee intends to thereafter request a supplemental transcript containing
both the Motion for Nonsuit and Order of Dismissal of the additional claims, in
accordance with the Court’s January 25, 2018 Letter.
WHEREFORE PREMISES CONSIDERED Appellee therefore requests that
the Honorable Court abate this appeal in order to allow Appellee to dismiss the
Appellee’s Plea in Abatement Page 2
additional claims asserted against Appellant and obtain a Final Judgment and to
thereafter request a Supplemental Transcript containing the Motion and Order and
for such other and further relief to which Appellee may show himself justly
entitled, either at law or in equity.
Respectfully submitted,
MARK FRELS, ATTORNEY AT LAW
A Professional Corporation
By: _/s/ Mark Frels_______________
MARK FRELS
State Bar No. 07438200
2027 Young Street
Dallas, Texas 75201
Telephone: 214-720-2220
Facsimile: 214-720-2240
ATTORNEY FOR APPELLEE
CERTIFICATE OF SERVICE
The undersigned counsel hereby certifies that a true and correct copy of the
foregoing instrument is being forwarded to opposing counsel by electronic service
and/or electronic mail on the 30th day of January 2018:
Bilal A. Khaleeq Via efile.txcourts.gov
Texas Bar No. 24091271 and Email bilal@boldlegal.com
Khaleeq Law Firm, PLLC
13111 N. Central Expressway, Suite 450
Dallas, Texas 75243
(214) 453-2500
(402) 933-3296 FAX
Appellee’s Plea in Abatement Page 3
EXHIBIT "A" FILE COPY
CHIEF JUSTICE LISAMATZ
CAROLYN WRIGHT CLERK OF THE COURT
(214) 712-3450
JUSTICES theclerk@5th.txcourts.gov
DAVID L. BRIDGES
MOLLY FRANCIS GAYLE HUMPA
DOUGLAS S. LANG BUSINESS ADMINISTRATOR
ELIZABETH LANG-MiERS (214) 712-3434
ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov
LANA MYERS ~ourt of appeals
DAVID EVANS FACSIMILE
ADA BROWN jfiftb 11Bistritt of '(Eexas at 11BaUas (214) 745-1083
CRAIG STODDART
600 COMMERCE STREET, SUITE 200
BILL WHITEHILL INTERNET
DAVID 1. SCHENCK DALLAS, TEXAS 75202 WWW.TXCOURTS.GOv/5THCOA.ASPX
JASON BOATRIGHT (214) 712-3400
October 31,2017
Bilal Khaleeq Courtney Claire Blankenship
Khaleeq Law Finn, PLLC Khaleeq Law Finn, PLLC
13111 N Central Expressway Suite 450 13111 N. Central Expressway
Dallas, TX 75243 Suite 320
* DELIVERED VIA E-MAIL * Dallas, TX 75243
* DELIVERED VIA E-MAIL *
Mark Frels
How, Frels, Rohde, Woods & Duke, P.C.
2027 Young St.
Dallas, TX 75201
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 05-17-00084-CV
Trial Court Case Number: CC-16-01182-B
Style: Pardeep Garcha, Chambal Truck and Service Center, LLC and Garcha Truck and Trailer
Service Center, Inc.
v. Hardial Chatha
The Court has detennined that oral argument will not significantly aid it in detennining
the legal and factual issues presented in the appeal. Accordingly, the appeal will be submitted
without oral argument on January 23, 2018 to a panel consisting of Justice Bridges, Justice
Myers and Justice Schenck, subject to change by the Court. See Tex. R. App. P. 39.8.
Respectfully,
/s/ Lisa Matz, Clerk of the Court
EXHIBIT "B"
CHIEF JUSTICE LISA MATZ
CAROLYN WRIGHT CLERK OF ·, HE COURT
(214)7 12-3450
JUSTICES thec lerk@5th txcourts.gov
DAVID L. BRIDGES
MOLLY l'RANCIS GAYLE I-IUMPA
DOUGLAS S, LANG BUSINESS ADMINISTRATOR
ELI ZABETH LANG-MIERS (214)712-3434
ROBERT M FILLMORE gayle hllmpa@5th txcollrts,gov
LANA MYERS Q[ourt of ~ppenIs
DAVID EVANS FACSIMILE
ADA BROWN jfiftb :mistrict of mexns nt :mnnns (214) 745-1083
CRAIG STODDART
600 COMMERCE STREET, SUITE 200
BILL WHITEHILL INTERNET
DAVID) , SCHENCK DALLAS, TEXAS 75202 WWW.TXCOURTS ,Gov/5THCOA,ASPX
JASON BOATRIGHT (214)712-3400
January 25,2018
Bilal Khaleeq Courtney Claire Blankenship
Khaleeq Law Firm, PLLC Khaleeq Law Firm, PLLC
13111 N Central Expressway Suite 450 13111 N. Central Expressway Suite 320
Dallas, TX 75243 Dallas, TX 75243
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
Mark Frels
How, Frels, Rohde, Woods & Duke, P.c.
2027 Young St.
Dallas, TX 75201
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 05-17 -00084-CV
Trial Court Case Number: CC-16-01182-B
Style: Pardeep Garcha, Chambal Truck and Service Center, LLC and Garcha Truck and Trailer
Service Center, Inc.
v.
Hardial Chatha
Dear Counsel:
This Court has reviewed the clerk' s record and has a question concerning its jurisdiction over
this appeal. Generally, this Court has jurisdiction only over appeals from final judgments and
certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d
191,195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims.
Seeid.
Appellee's Original Petition alleged claims for breach of contract, conversion, fraud, and
violation of the Theft Liability Act. Appellee's motion for summary judgment sought judgment
on only the claim for breach of contract.
So that the Court may determine its jurisdiction over the appeal , appellants are requested to file,
no later than February 5, 2018, a jurisdictional letter brief of no more than 3 pages explaining
how this Court has jurisdiction over this appeal. Appellee may file a responsive letter brief of no
more than 3 pages within 7 days of appellants' brief. If any party will be relying on information
not in the record before this Court, that party must obtain a supplemental clerk's record from the
trial court containing that information.
We notify the parties that this appeal will be dismissed if this Court lacks jurisdiction. See TEX .
R. App. P. 42.3(a).
Respectfully,
lsi Lisa Matz, Clerk of the Court
LM/rn
2