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Henna Chevrolet, L.P. v. GEICO General Insurance Company
Citation: Not availableDocket: 03-04-00368-CV
Court: Court of Appeals of Texas; January 24, 2005; Texas; State Appellate Court
Original Court Document: View Document
GEICO General Insurance Company filed a motion to dismiss Henna Chevrolet, L.P.'s appeal, arguing that the notice of appeal was late due to the finality of the March 24, 2004 summary judgment. The court found the judgment final, as it disposed of all parties involved, including Star-Rite Towing, which was omitted from GEICO's third amended petition. This amendment effectively eliminated Star-Rite as a party without needing a formal dismissal order, as established by Texas law. Henna's claim that the summary judgment was not final due to the presence of Star-Rite was rejected, as the third amended petition clearly identified Henna as the sole defendant. Henna’s reliance on cases requiring court orders for dismissals was deemed inapplicable, since those involved pending motions for non-suit, while the amendments here were valid and predated the trial. Consequently, the court granted GEICO's motion to dismiss the appeal for lack of jurisdiction. Henna's motion for sanctions did not prevent the March 24, 2004 judgment from being final, as it does not constitute a claim for affirmative relief nor a pleading that could delay finality. Under Texas law, specifically referenced cases, a motion for sanctions must be adjudicated while the trial court retains plenary jurisdiction and does not affect the finality of a judgment. The determination of whether sanctions apply hinges on whether the appellee's claim was frivolous at the time of filing. Because no motions extending the appellate timeline were submitted, the notice of appeal was due by April 23, 2004, but was filed late on June 16, 2004, resulting in a lack of jurisdiction for the appeal. Therefore, the appeal was dismissed for want of jurisdiction. Additionally, the appellate timeline for a motion for nonsuit begins with the trial court's dismissal order, not the filing date.