CHIEF JUSTICE

 CAROLYN WRIGHT

JUSTICES

 DAVID L. BRIDGES

 MOLLY FRANCIS

 DOUGLAS S. LANG

 ELIZABETH LANG-MIERS

 ROBERT M. FILLMORE

 LANA MYERS

 DAVID EVANS

 DAVID LEWIS

 ADA BROWN

 CRAIG STODDART

 BILL WHITEHILL

 DAVID J. SCHENCK

LISA MATZ

CLERK OF THE COURT

(214) 712-3450

theclerk@5th.txcourts.gov

GAYLE HUMPA

BUSINESS ADMINISTRATOR

(214) 712-3434

gayle.humpa@5th.txcourts.gov

FACSIMILE

(214) 745-1083

INTERNET

WWW.TXCOURTS.GOV/5THCOA.ASPX

Court of Appeals

Fifth District of Texas at Dallas

600 COMMERCE STREET, SUITE 200

DALLAS, TEXAS 75202

(214) 712-3400

January 30, 2015

Mr. Joseph Wesley Dauphinot

Dauphinot Law Firm

900 W. Abram St.

Arlington, Texas 76013

RE: Court of Appeals Number: 05-14-01450-CV

Trial Court Case Number: DC-12-14434

Style: Patrick Thobe v. The University of Texas Southwestern Medical Center

Dear Mr. Dauphinot:

The Court has reviewed the clerk’s record and has a question concerning its jurisdiction 

over the appeal. Specifically, it appears the judgment is not final. Generally, this Court has 

jurisdiction only over appeals from final judgments. 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.

Appellant filed suit against The University of Texas Southwestern Medical Center, 

Southwestern Medical Foundation, The University of Texas System Medical Foundation, and the 

Board of Regents of the University of Texas System. Appellant is appealing three orders signed 

on October 24, 2014 granting the University of Texas Southwestern Medical Center’s noevidence motion for summary judgment, traditional motion for summary judgment, and plea to 

the jurisdiction. It appears appellant’s claims against Southwestern Medical Foundation, The 

University of Texas System Medical Foundation and the Board of Regents of the University of 

Texas System remain pending. It appears that appellant filed a notice of nonsuit of its claims 

against these three defendants on May 22, 2013.1 A notice of nonsuit is not effective until the 

trial court signs an order. See Park Place Hospital v. Estate of Milo, 909 S.W.2d 508, 510 (Tex. 

1999). Thus, it appears appellant’s claims against these defendants remain pending.

So that this Court can determine its jurisdiction over the appeal, you are requested to file, 

by FEBRUARY 10, 2015 a jurisdictional letter 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 

 

1

The notice of nonsuit appears on the trial court’s website but is not in the clerk’s record filed with this Court. 
2

than 3 pages within 10 days of appellant’s brief. No extension of time will be granted. If either 

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.

The current deadline for appellant’s brief on the merits is suspended. After it has 

received briefs regarding the jurisdictional issue, the Court will either: (1) order the appeal 

dismissed for want of jurisdiction; or (2) notify the parties by letter that the Court appears to 

have jurisdiction over the appeal and the deadline for appellant’s brief on the merits. We caution 

appellant that failure to file a jurisdictional brief by February 10, 2015 may result in dismissal 

of the appeal without further notice. 

Respectfully,

/s/ Lisa Matz, Clerk of the Court

cc: Mr. William Deane

Assistant Attorney General

P.O. Box 12548

Capitol Station

Austin, Texas 78711

LM/rz