Hall, Fredricka v. Deborah Norwood and J.C. Penney Company, Inc.
Hall, Fredricka v. Deborah Norwood and J.C. Penney Company, Inc.
Opinion
Opinion issued April 4, 2002
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-01-00885-CV
____________
FREDRICKA HALL, Appellant
V.
DEBORAH NORWOOD AND J.C. PENNEY COMPANY, INC., Appellees
On Appeal from the 80th District Court
Harris County, Texas
Trial Court Cause No. 99-07691
O P I N I O N
According to appellant's notice of appeal contained in the clerk's record, this is an appeal from a judgment signed on August 27, 2001. The judgment ordered that appellant take nothing against appellees. A notice of appeal was timely filed on September 25, 2001.
However, it appeared to this Court that the judgment of August 27, 2001 was not a final judgment. The judgment does not contain a "Mother Hubbard" clause, nor does it announce any disposition of another defendant, Matrix Essentials, Inc., a wholly owned subsidiary of Bristol-Myers Squibb Company. According to the docket sheets in the clerk's record, Bristol- Myers was involved in the suit at least as late as July 10, 2000. It did not appear from the clerk's record that the judgment appealed from was final or appealable in the absence of a disposition of Matrix Essentials. See North East Indep., Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966).
Accordingly, on February 21, 2002, the Court issued an order stating that unless, within 15 days of the date of the order, appellant requested and paid for, and the trial court clerk filed, a supplemental clerk's record demonstrating that the causes of action against Matrix Essentials, Inc., a subsidiary of Bristol-Myers Squibb Company had been disposed of or severed from the case that is the subject of this appeal, the Court would dismiss the appeal for want of jurisdiction. No supplemental clerk's record has been filed. Appellant has filed no response to this Court's order of February 21, 2002.
Accordingly, the appeal is dismissed for want of jurisdiction.
PER CURIAM
Panel consists of Justices Mirabal, Hedges, and Jennings.
Do not publish. Tex. R. App. P. 47.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.