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Betty Ann Newby v. Travis County, Texas City of Borger Larry Mullenix Barbara Hannon And Joann Fitzgerald
Citation: Not availableDocket: 03-04-00317-CV
Court: Court of Appeals of Texas; February 16, 2005; Texas; State Appellate Court
Original Court Document: View Document
On October 28, 2004, the Texas Court of Appeals dismissed Betty Ann Newby's appeal for want of prosecution. Newby subsequently filed a motion for rehearing on November 23, citing difficulties in obtaining the record from the trial court. The court granted her motion to reinstate the appeal. Newby's appeal pertains to an order that granted a change of venue for the City of Borger and Larry Mullenix, while dismissing claims against certain defendants. The claims against the City of Borger and Mullenix were severed and given trial court cause number GN201833, transferred to Hutchinson County. The remaining claims against other defendants were assigned cause number GN401552. The court noted that despite previous dismissals and nonsuits of several defendants, claims against Kenneth Coleman, Sam Biscoe, Jack Young, and Larry Foster in cause GN401552 remain unresolved. The court concluded that the May 4 dismissal of Newby's claims against Travis County, Barbara Hannon, and Joann Fitzgerald does not constitute a final order eligible for appeal, as per Texas law. Furthermore, the transfer order regarding the City of Borger and Mullenix is also not appealable, leading the court to dismiss the appeal for lack of jurisdiction. The decision was filed on February 17, 2005, and clarified that the appeal was dismissed for want of jurisdiction due to the non-final nature of the orders in question.