Appellee’s Plea in Abatement Page 1

 

APPEAL NO. 05-17-00084-CV

IN THE COURT OF APPEALS 

FIFTH APPELLATE DISTRICT 

DALLAS, TEXAS 

PARDEEP GARCHA, CHAMBAL TRUCK AND SERVICE, LLC AND 

GARCHA TRUCK AND TRAILER SERVICE CENTER, INC., 

Appellants, 

v. 

HARDIAL CHATHA, 

Appellee. 

APPELLEE’S PLEA IN ABATEMENT 

TO THE HONORABLE COURT: 

 COMES NOW Appellee Hardial Chatha (“Appellee”) and files Appellee’s

Plea in Abatement and in support thereof respectfully avers as follows: 

1. On October 31, 2017, the Court sent a letter indicating that the case 

would be submitted for disposition on January 23, 2018, without oral argument 

ACCEPTED

05-17-00084-cv

FIFTH COURT OF APPEALS

DALLAS, TEXAS

1/30/2018 3:41 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 01/30/2018 3:41:12 PM LISA MATZ Clerk
Appellee’s Plea in Abatement Page 2

(the “Court’s October 31, 2017 Letter”). The Court’s October 31, 2017 Letter is 

attached hereto as Exhibit “A”. 

2. By letter dated January 25, 2018, the Court sent a letter addressed to 

the Appellant (the “Court’s January 25, 2018 Letter”) stating that the Court may 

not have jurisdiction over this appeal. The Court’s January 25, 2018 Letter is 

attached hereto as Exhibit “B”. The parties were given briefing deadlines and 

Appellee has since determined that under prevailing authority, the Final Judgment 

is likely not final because the Final Judgment failed to dispose of all of the claims 

asserted by Appellee against Appellant. Lehmann v. Har-Con Corp., 39 S.W.3d 191 

(Tex. 2001).

3. Based upon the foregoing, Appellee therefore requests that pursuant to 

Tex. R. App. P. 27.2, the Court abate this appeal so that Appellee may finalize 

proceedings in the Trial Court by filing a motion to nonsuit the remaining claims 

which are not part of the Final Judgment. In accordance with Tex. R. App. P. 27.2.

See Stephens McNally v. Joseph Guevara and Maria Trevino, 52 S.W.3d 195 (Tex. 

2001). Appellee intends to thereafter request a supplemental transcript containing 

both the Motion for Nonsuit and Order of Dismissal of the additional claims, in 

accordance with the Court’s January 25, 2018 Letter.

WHEREFORE PREMISES CONSIDERED Appellee therefore requests that 

the Honorable Court abate this appeal in order to allow Appellee to dismiss the 
Appellee’s Plea in Abatement Page 3

additional claims asserted against Appellant and obtain a Final Judgment and to 

thereafter request a Supplemental Transcript containing the Motion and Order and 

for such other and further relief to which Appellee may show himself justly 

entitled, either at law or in equity. 

Respectfully submitted,

MARK FRELS, ATTORNEY AT LAW

A Professional Corporation

By: _/s/ Mark Frels_______________ 

MARK FRELS

State Bar No. 07438200

2027 Young Street

Dallas, Texas 75201

Telephone: 214-720-2220

Facsimile: 214-720-2240

ATTORNEY FOR APPELLEE

CERTIFICATE OF SERVICE

The undersigned counsel hereby certifies that a true and correct copy of the 

foregoing instrument is being forwarded to opposing counsel by electronic service 

and/or electronic mail on the 30

th day of January 2018:

Bilal A. Khaleeq Via efile.txcourts.gov

Texas Bar No. 24091271 and Email bilal@boldlegal.com

Khaleeq Law Firm, PLLC

13111 N. Central Expressway, Suite 450

Dallas, Texas 75243

(214) 453-2500

(402) 933-3296 FAX
CHIEF JUSTICE 

CAROLYN WRIGHT 

JUSTICES 

DAVID L. BRIDGES 

MOLLY FRANCIS 

DOUGLAS S. LANG 

ELIZABETH LANG-MiERS 

ROBERT M. FILLMORE 

LANA MYERS ~ourt of appeals 

FILE COPY 

LISAMATZ 

CLERK OF THE COURT 

(214) 712-3450 

theclerk@5th.txcourts.gov 

GAYLE HUMPA 

BUSINESS ADMINISTRATOR 

(214) 712-3434 

gayle.humpa@5th.txcourts.gov 

DAVID EVANS 

ADA BROWN jfiftb 11Bistritt of '(Eexas at 11BaUas FACSIMILE 

(214) 745-1083 

CRAIG STODDART 

BILL WHITEHILL 

DAVID 1. SCHENCK 

JASON BOATRIGHT 

Bilal Khaleeq 

Khaleeq Law Finn, PLLC 

600 COMMERCE STREET, SUITE 200 

DALLAS, TEXAS 75202 

(214) 712-3400 

October 31,2017 

INTERNET 

WWW.TXCOURTS.GOv/5THCOA.ASPX 

13111 N Central Expressway Suite 450 

Dallas, TX 75243 

Courtney Claire Blankenship 

Khaleeq Law Finn, PLLC 

13111 N. Central Expressway 

Suite 320 

* DELIVERED VIA E-MAIL * Dallas, TX 75243 

* DELIVERED VIA E-MAIL * 

Mark Frels 

How, Frels, Rohde, Woods & Duke, P.C. 

2027 Young St. 

Dallas, TX 75201 

* DELIVERED VIA E-MAIL * 

RE: Court of Appeals Number: 

Trial Court Case Number: 

05-17 -00084-CV 

CC-16-01182-B 

Style: Pardeep Garcha, Chambal Truck and Service Center, LLC and Garcha Truck and Trailer 

Service Center, Inc. 

v. Hardial Chatha 

The Court has detennined that oral argument will not significantly aid it in detennining 

the legal and factual issues presented in the appeal. Accordingly, the appeal will be submitted 

without oral argument on January 23, 2018 to a panel consisting of Justice Bridges, Justice 

Myers and Justice Schenck, subject to change by the Court. See Tex. R. App. P. 39.8. 

Respectfully, 

/s/ Lisa Matz, Clerk of the Court 
CHIEF JUSTICE 

CAROLYN WRIGHT 

JUSTICES 

DAVID L. BRIDGES 

MOLLY l'RANCIS 

DOUGLAS S, LANG 

ELIZABETH LANG-MIERS 

ROBERT M FILLMORE 

LANA MYERS Q[ourt of ~ppenIs 

LISA MATZ 

CLERK OF ·, HE COURT 

(214)7 12-3450 

thec lerk@5th txcourts.gov 

GAYLE I-IUMPA 

BUSINESS ADMINISTRATOR 

(214)712-3434 

gayle hllmpa@5th txcollrts,gov 

DAVID EVANS 

ADA BROWN jfiftb :mistrict of mexns nt :mnnns FACSIMILE 

(214) 745-1083 

CRAIG STODDART 

BILL WHITEHILL 

DAVID), SCHENCK 

JASON BOATRIGHT 

Bilal Khaleeq 

Khaleeq Law Firm, PLLC 

600 COMMERCE STREET, SUITE 200 

DALLAS, TEXAS 75202 

(214)712-3400 

January 25,2018 

INTERNET 

WWW.TXCOURTS,Gov/5THCOA,ASPX 

Courtney Claire Blankenship 

Khaleeq Law Firm, PLLC 

13111 N Central Expressway Suite 450 

Dallas, TX 75243 

13111 N. Central Expressway Suite 320 

Dallas, TX 75243 

* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * 

Mark Frels 

How, Frels, Rohde, Woods & Duke, P.c. 

2027 Young St. 

Dallas, TX 75201 

* DELIVERED VIA E-MAIL * 

RE: Court of Appeals Number: 

Trial Court Case Number: 

05-17 -00084-CV 

CC-16-01182-B 

Style: Pardeep Garcha, Chambal Truck and Service Center, LLC and Garcha Truck and Trailer 

Service Center, Inc. 

v. 

Hardial Chatha 

Dear Counsel: 

This Court has reviewed the clerk's record and has a question concerning its jurisdiction over 

this appeal. Generally, this Court has jurisdiction only over appeals from final judgments and 

certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 

191,195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. 

Seeid. 

Appellee's Original Petition alleged claims for breach of contract, conversion, fraud, and 

violation of the Theft Liability Act. Appellee's motion for summary judgment sought judgment 

on only the claim for breach of contract. 

So that the Court may determine its jurisdiction over the appeal, appellants are requested to file, 

no later than February 5, 2018, a jurisdictional letter brief of no more than 3 pages explaining 
how this Court has jurisdiction over this appeal. Appellee may file a responsive letter brief of no 

more than 3 pages within 7 days of appellants' brief. If any party will be relying on information 

not in the record before this Court, that party must obtain a supplemental clerk's record from the 

trial court containing that information. 

We notify the parties that this appeal will be dismissed if this Court lacks jurisdiction. See TEX. 

R. App. P. 42.3(a). 

Respectfully, 

lsi Lisa Matz, Clerk of the Court 

LM/rn 

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