X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On Petition for Review from the Court of Appeals for the Fourteenth District of Texas

Petitioner Johnny Nash, a former deputy sheriff, sued for wrongful termination and racial discrimination. He named seven defendants: the sheriff, two deputies, the chair of the civil service commission, and three entities – Harris County, the Harris County Sheriff’s Department, and the Civil Service Commission. He sued the four individuals both “individually” and in their official capacities. *fn1 All of the defendants joined in a motion for summary judgment on all of Nash’s claims. The trial court’s docket sheet notation indicates that the motion was granted as to all defendants. However, the order signed by the court refers only to the motion for summary judgment of the individual defendants and grants summary judgment only as to those defendants “in their individual and official capacities”. The three institutional defendants are not mentioned. The order contained a “Mother Hubbard” clause that “[a]ll relief not granted herein is hereby denied.”

Nash filed a motion for new trial. He says that he filed it only because he was concerned that the obviously interlocutory order, which did not dispose of his claims against the three defendant entities, might be considered final. However, Nash’s motion stated: “Apparently the Court granted the Defendant’s Summary Judgment as to all parties and all fourteen issues the Defendant raised in its motion.” Nash says that at the hearing on the motion, the court indicated that it did not consider its order to have disposed of the entire case and invited the defendants to file a further motion for summary judgment, but there is nothing in the record to support Nash’s assertion. After the date when the motion for new trial would have been denied by operation of law had the court’s order been final, the trial court signed an order denying the motion. The court appears to have continued to treat the case as pending. The defendants filed a plea to the jurisdiction, contending that the order granting their motion for summary judgment was final and that the court had lost jurisdiction of the case. The trial court overruled the plea.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Healthcare Real Estate 2022

December 06, 2022 - December 07, 2022
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More

GlobeSt. INDUSTRIAL 2022

December 08, 2022 - December 09, 2022
Scottsdale, AZ

This conference brings together the industry's most influential & knowledgeable industrial real estate executives


Learn More

Global Leaders in Consulting (GLC) 2023

February 16, 2023
London

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.


Learn More

CORPORATE ATTORNEYS - REMOTE, CT


Shipman is seeking two attorneys, one with 4-6 years of experience and one with 8+ years of experience, to join our corporate and transactio...


Apply Now ›

COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered


We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

Education Law Associate- Connecticut


Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...


Apply Now ›

ANAPOL WIESS

11/22/2022
TLI Web

ANAPOL WEISS IS PLEASED TO ANNOUNCE THAT ATTORNEY JORDAN SOLARZ HAS JOINED THE FIRM


View Announcement ›

ANAPOL WIESS

11/21/2022
TLI Web

ANAPOL WEISS PROUDLY ANNOUNCES THE APPOINTMENT OF KILA BALDWIN AS AN EQUITY SHAREHOLDER


View Announcement ›

LAWYERS OF DISTINCTION

11/18/2022
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›