CHIEF JUSTICE LISA MATZ
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 Court of Appeals
DAVID EVANS FACSIMILE
DAVID LEWIS Fifth District of Texas at Dallas (214) 745-1083
ADA BROWN
600 COMMERCE STREET, SUITE 200
CRAIG STODDART INTERNET
BILL WHITEHILL DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX
DAVID J. SCHENCK (214) 712-3400
January 30, 2015
Mr. Joseph Wesley Dauphinot
Dauphinot Law Firm
900 W. Abram St.
Arlington, Texas 76013
RE: Court of Appeals Number: 05-14-01450-CV
Trial Court Case Number: DC-12-14434
Style: Patrick Thobe v. The University of Texas Southwestern Medical Center
Dear Mr. Dauphinot:
The Court has reviewed the clerk’s record and has a question concerning its jurisdiction
over the appeal. Specifically, it appears the judgment is not final. Generally, this Court has
jurisdiction only over appeals from final judgments. 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.
Appellant filed suit against The University of Texas Southwestern Medical Center,
Southwestern Medical Foundation, The University of Texas System Medical Foundation, and the
Board of Regents of the University of Texas System. Appellant is appealing three orders signed
on October 24, 2014 granting the University of Texas Southwestern Medical Center’s no-
evidence motion for summary judgment, traditional motion for summary judgment, and plea to
the jurisdiction. It appears appellant’s claims against Southwestern Medical Foundation, The
University of Texas System Medical Foundation and the Board of Regents of the University of
Texas System remain pending. It appears that appellant filed a notice of nonsuit of its claims
against these three defendants on May 22, 2013.1 A notice of nonsuit is not effective until the
trial court signs an order. See Park Place Hospital v. Estate of Milo, 909 S.W.2d 508, 510 (Tex.
1999). Thus, it appears appellant’s claims against these defendants remain pending.
So that this Court can determine its jurisdiction over the appeal, you are requested to file,
by FEBRUARY 10, 2015 a jurisdictional letter 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
1
The notice of nonsuit appears on the trial court’s website but is not in the clerk’s record filed with this Court.
than 3 pages within 10 days of appellant’s brief. No extension of time will be granted. If either
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.
The current deadline for appellant’s brief on the merits is suspended. After it has
received briefs regarding the jurisdictional issue, the Court will either: (1) order the appeal
dismissed for want of jurisdiction; or (2) notify the parties by letter that the Court appears to
have jurisdiction over the appeal and the deadline for appellant’s brief on the merits. We caution
appellant that failure to file a jurisdictional brief by February 10, 2015 may result in dismissal
of the appeal without further notice.
Respectfully,
/s/ Lisa Matz, Clerk of the Court
cc: Mr. William Deane
Assistant Attorney General
P.O. Box 12548
Capitol Station
Austin, Texas 78711
LM/rz
2
Patrick Thobe v. the University of Texas Southwestern Medical Center
Combined Opinion