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Justices probe appealability after trial court issued competing summary‑judgment and clarifying orders
Summary
During argument in Family Dollar Stores of Texas v. JLMH Investments, counsel disputed whether the appeal is from a final judgment or interlocutory order after the trial court signed two summary‑judgment orders and later issued a clarifying order purporting to permit an appeal and stay proceedings.
Before the court reached the parties’ dispute over the merits, petitioners’ counsel asked the justices to resolve a jurisdictional question about appealability: the record contains two summary‑judgment orders (one counsel says was filed on April 14 and another on April 17, 2023) and a subsequent trial‑court clarifying order that used final‑language while also…
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