Sean Morris, Individually and on Behalf of the Estate of Douglas Morris v. Pearson Dental Supplies, Inc. Zahn Dental Supply, a Division of Henry Schein, Inc.

Affirmed and Memorandum Plurality and Dissenting Opinions filed
September 29, 2022.
In The
Fourteenth Court of Appeals
NO. 14-20-00639-CV
SEAN MORRIS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE
ESTATE OF DOUGLAS MORRIS, DECEASED, Appellant
V.
PEARSON DENTAL SUPPLIES, INC.; ZAHN DENTAL SUPPLY, A
DIVISION OF HENRY SCHEIN, INC.; PEARSON DENTAL SUPPLIES,
INC.; ZAHN DENTAL SUPPLY, A DIVISION OF HENRY SCHEIN, INC.;
HENRY SCHEIN, INC.; DFW DENTAL SUPPLIES, INC.; 3MCOMPANY;
CROSSTEX INTERNATIONAL, INC., A WHOLLY OWNED SUBSIDIARY
OF CANTEL MEDICAL CORP; HENDON DENTAL SUPPLY, INC.;
ALPHA PRO TECH, INC.; NATIONAL DENTEX CORPORATION,
SUCCESSOR-IN INTEREST BY MERGER, PURCHASE OR
ACQUISITION F/K/A STERN REED DENTAL LAB; AND GDC
HOLDINGS, INC., SUCCESSOR-IN-INTEREST BY MERGER,
PURCHASE OR ACQUISITION OF NATIONAL DENTEX
CORPORATION, Appellees
On Appeal from the 333rd District Court
Harris County, Texas
Trial Court Cause No. 2019-51437
MEMORANDUM DISSENTING OPINION
The trial court’s attempted August 24, 2020 final judgment used a version of
the discredited Mother Hubbard clause (“ORDERED that all relief not herein
granted or that was not previously granted by the Court in this case is denied”) and
ordered the clerk “to close the file in this case.” While it appears the trial court
wanted to render a final judgment, this order does not comply with
Lehmann v. Har-Con Corp., either by actually disposing of all parties and claims
or stating unambiguously that the judgment is final (“This judgment finally
disposes of all parties and all claims and is appealable”). 39 S.W.3d 191, 206 (Tex.
2001). I would notify the parties of an involuntary dismissal for want of
jurisdiction because it appears there is no final judgment, allowing the parties to
respond. See Tex. R. App. P. 42.3(a).
I respectfully dissent.
/s/ Charles A. Spain
Justice
Panel consists of Justices Wise, Spain, and Hassan (Wise, J., plurality).
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