Theresa Albright v. North Texas Electrodiagnostics and Rehabilitation P.A. D/B/A Definitive Rehab and Pain Management and Dr. Justin Shields, PT, DPT

IN THE
TENTH COURT OF APPEALS
No. 10-18-00378-CV
THERESA ALBRIGHT,
Appellant
v.
NORTH TEXAS ELECTRODIAGNOSTICS
AND REHABILITATION P.A. D/B/A
DEFINITIVE REHAB AND PAIN MANAGEMENT
AND DR. JUSTIN SHIELDS, PT, DPT,
Appellees
From the 40th District Court
Ellis County, Texas
Trial Court No. 94720
MEMORANDUM OPINION
Theresa Albright appeals from the trial court’s order granting Dr. Justin Shields’
motion for summary judgment, ordering Albright to take nothing against Shields, and
dismissing Albright’s claims against Shields. The order did not dispose of Albright’s
claims against North Texas Electrodiagnostics and Rehabilitation P.A. d/b/a Definitive
Rehab and Pain Management.
On December 17, 2018, the Clerk of this Court notified Albright by letter that,
pursuant to Rules 42.3 and 44.3 of the Texas Rules of Appellate Procedure, the appeal
was subject to dismissal because it appeared the “Order Granting Defendant Dr. Justin
Shields, PT, DPT’s Traditional Motion for Summary Judgment” was not final and
appealable in that it did not dispose of all claims and parties before the trial court. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192-93 (Tex. 2001). In the same letter, the Clerk
warned Albright that the Court may dismiss the appeal unless, within 10 days from the
date of this letter, a response was filed showing grounds for continuing the appeal.
Albright responded and acknowledges that the trial court’s order is not final and
appealable. However, Albright requests that the Court retain the appeal on its docket
because the parties have filed an agreed motion to sever the summary judgment in favor
of Shields and are awaiting the trial court’s order of severance. As of the date of this
opinion, no severance order has been received by the Court.
Accordingly, because the trial court’s “Order Granting Defendant Dr. Justin
Shields, PT, DPT’s Traditional Motion for Summary Judgment” does not dispose of all
claims and all parties before the trial court, it is not final; and this appeal is dismissed for
want of jurisdiction.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed January 2, 2019
[CV06]
Albright v. North Texas Electrodiagnostics and Rehabilitation P.A. and Shields Page 2