Guy Wayne McRoberts, Petitioner v. Michael W. Ryals and Suzanne Hart, Respondents

Summary

The Texas Supreme Court reversed the trial court and Court of Appeals, holding that McRoberts’ counsel was not negligent as a matter of law and that the severance order was effective when signed, making the judgment final and appealable without a separate cause number. The Court remanded the case to the trial court. The dissent argued that reliance on the clerk’s letter does not excuse the attorney’s voluntary dismissal of the appeal.