Al M. Williams v. Ladera ( 2022 )

Order entered April 11, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00098-CV
AL M. WILLIAMS, Appellant
V.
ECOM/WILLMAX BELLAGIO, L.P. D/B/A LADERA, Appellee
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-17458
ORDER
Before the Court is appellant’s April 7, 2022 “Emergency Motion to
Withdraw or Hold Appeal in Abeyance.” Appellant asserts in his motion that the
trial court has not yet rendered a final judgment. In his seventh amended petition,
appellant asserted claims against appellee Ecom/Willmax Bellagio, L.P. d/b/a
Ladera and WHW Transport, Inc. d/b/a CWS Recovery. The record before this
Court reflects the trial court has rendered a final judgment with respect to
appellant’s claims against appellee.
On November 9, 2021, the trial court signed a judgment granting appellee’s
motion to dismiss and dismissed all of appellant’s claims against appellee with
prejudice. On November 11, appellant filed a motion to set aside the judgment of
dismissal. Appellee then filed a motion for severance which the trial court granted
by order signed on December 13, 2021. Appellant filed his notice of appeal on
December 20.
The trial court’s interlocutory dismissal order signed on November 9 became
a final judgment on December 13, the date of the severance order. See McRoberts
v. Ryals, 863 S.W.2d 450, 453 (Tex. 1993) (order granting severance is effective
when signed). Appellant filed a timely notice of appeal on December 20.
Although appellant stated in the notice of appeal that he was appealing the trial
court’s order denying his motion to set aside the dismissal order, the Court
construes his notice of appeal as challenging the dismissal order as that is the
appealable order. Accordingly, we DENY appellant’s motion. Appellant’s brief
on the merits remains due on or before May 4, 2022.
/s/ KEN MOLBERG
JUSTICE