Scott v. Poindexter

ON MOTION FOR REHEARING

Justice CATHERINE STONE.

On original submission of this case we noted that “[t]his appeal presents still another question about the finality of a partial summary judgment which grants more relief than requested and appears final because of the inclusion of a ‘Mother Hubbard clause.’ ” During the pendency of Appellant’s motion for rehearing en banc, the Texas Supreme Court issued an opinion intended to clarify the effect of a Mother Hubbard clause in a summary judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 44 Tex.Sup.Ct.J. 364 (2001). We deny Appellant’s motion…