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High court questions finality and appealability in Family Dollar summary-judgment dispute
Summary
In Family Dollar Stores of Texas v. JLMH Investments (No. 240543), justices focused on whether successive summary-judgment orders produced a final, appealable judgment and how interlocutory practice and timing affect appealability. The case also produced argument touching on limitations, nuisance claims, and equitable remedies in related filings.
The Supreme Court heard argument in Family Dollar Stores of Texas v. JLMH Investments (No. 240543) about whether a trial court’s later “clarifying” order altered the finality of an earlier summary-judgment ruling and whether the appeal before the court is properly from a final judgment or is interlocutory. Counsel described two summary-judgment orders entered in quick succession; the second contained language…
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