Finality, Finally.
April 19, 2022- A summary judgment, granted on July 20, 2021, disposed of some but not all claims in the litigation;
- On July 29, the claims addressed by that summary judgment were severed into a new cause (thus creating a final judgment as to those matters);
- On August 30, 2021, the trial court’s plenary power expired in the new cause; and
- In October 2021, the trial court signed a final judgment in the new cause which was later appealed.
The Fifth Court dismissed for lack of jurisdiction: “[B]ecause the July summary judgment was made final by the severance and the trial court’s plenary power expired August 30, the October final judgment is void.” No. 05-22-00071-CV (April 18, 2022) (mem. op.).