law-severance
A court may sever part of a case before it is submitted to the trier of fact. Tex. R. Civ. P.
41; see Guaranty Fed. Sav. Bank v. Horseshoe Operating Co., 793 S.W.2d 652, 658 (Tex. 1990); see also State
Dep't of Highways & Transp. v. Cotner, 845 S.W.2d 818, 819 (Tex. 1993). The trial court has broad discretion to
sever causes. Horseshoe, 793 S.W.2d at 658.
In their third issue, Cecil Jr. and Jaime argue that the trial court erred in granting the severance that made the
partial summary judgment final and appealable. Cecil Jr. and Jamie assert that the trial court abused its
discretion because it severed part of a claim, that the severed part would not be the proper subject of a lawsuit if
independently asserted, and that the severed part is so interwoven with the remaining action as to involve the
same facts and issues. However, Cecil Jr. and Jaime did not voice this objection to severance in the trial court.
Therefore, they did not preserve error as to this complaint.[16] See Tex. R. App. P. 33.1(a); Oistad v. Baker &
Hostetler, L.L.P., No. 01-05-00493-CV, 2006 WL 488594, at *7 (Tex. App.-Houston [1st Dist.] Mar. 2, 2006, no
pet.) (mem. op.) (holding appellants waived their complaint that trial court erred in granting severance by not
raising that objection in the trial court). Accordingly, we overrule the third issue.
Gammill v. Fettner (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost)
(probate court district court concurrent jurisdiction, motion for new trial overruled)
AFFIRMED: Opinion by Justice Kem Frost
SEVERANCE CASE LAW FROM HOUSTON COURTS OF APPEALS
Man Industries (INDIA), Ltd. v. Bank of Tokyo (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Yates)
(interlocutory appeal from the trial court’s order denying special appearance as to the cross-claim, denial of
special appearance affirmed; claim not severable)
We conclude the trial court did not err in denying Man’s special appearance based on its conclusion that the Bank’s cross-claim is
not severable. Because we have determined that the trial court had personal jurisdiction on this basis, we need not review Man’s
remaining allegations regarding other potential bases for jurisdiction. We affirm the trial court’s order.
AFFIRMED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Brown and Boyce
14-09-00362-CV Man Industries (INDIA) Ltd. v. Bank of Tokyo-Mitsubishi UFJ, Ltd.
Appeal from 133rd District Court of Harris County
Trial Court Judge: Jaclanel McFarland
In re General Agents Ins. Co. (Tex.App.- Houston [14th Dist.] May 15, 2008)(Substitute opinion by Hedges)
(severance, mandamus granted, TRCP 41, motion to abate)
MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges
14-07-00771-CV In Re: General Agents Insurance Company of America
Appeal from 165th District Court of Harris County
Trial Court Judge: Elizabeth Ray
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