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Click here for the full text of this decision FACTS:Rosa and George Colomo filed a medical malpractice suit against three doctors and the El Paso County Hospital District. Two of the doctors, Daoud Nasir and Porfirio Miranda, filed no-evidence summary judgment motions, specifically noting that the third doctor, David Raphael, had not been served. The judge of the 210th District granted the motion on Dec. 13, 2002, and the Colomos’ motion for new trial was overruled by operation of law. Assuming the summary judgment was final, the court lost plenary power over the case on March 28, 2003, 30 days after the motion for new trial was overruled. On July 14, 2003, Miranda and Nasir filed a motion to sever their case from the one against Rafael. At the same time, the Colomos filed a motion to reconsider the Dec. 13 judgment. The trial court granted the Colomos’ motion, then set aside the Dec. 13 judgment. Miranda and Nasir filed petitions for writ of mandamus. HOLDING:Writ conditionally granted. Youngstown Sheet & Tube Co. v. Penn, 363 S.W.2d 230 (Tex. 1962), was a nearly identical case, where a judgment disposed of all parties except one party who had not been served. The Youngstown could ruled that the case would stand as if there had been a discontinuance as to the unserved party, and the judgment would be final as to the others. The court disagrees with the Colomos that Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001), changed this rule. Though Lehmann held that a judgment was not final unless it disposed of all pending parties and claims in the record, the case did not involved a named, but unserved defendant, and it did not purport to overrule Youngstown. OPINION:McClure, J.; Larsen, McClure and Chew, JJ.

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