In the Order issued last Friday, February 26, 2010 which granted CBS Motion for Final Summary Judgment, Judge Larry Weiman of the 80th District Court for Harris County did not state a reason, which is typical in District Courts in Texas.
It is interesting to note that the Order signed on Friday, February 26 is the PROPOSED ORDER that CBS filed on October 1, 2009 at the same time the Motion for Final Summary Judgment was presented to the Court. It appears this settles also the claim that Howard K. Stern and/or Art Harris “conspired” with CBS on any of the three interviews. The two quoted in Federal Court and this one in State Court.
Interlocutory Orders are rarely given by Civil District Courts in Texas, except perhaps in Family Court in regards to temporary Orders of child support, visitation etc. In Civil Courts in Texas an Interlocutory Summary Judgment would have allowed Virgie Arthur, in this case, if she uncovered evidence during the pending of the rest of this suit to file a Motion for the Court to Reconsider it’s decision on the CBS Summary Judgment and/or Order.
Interlocutory in Texas Statute is most often used for Appeals when a Motion for Summary Judgment is Denied; which then allows the proceedings to be stayed while the Interlocutory (fast tracked) Appeal is being heard by the Appellate Court on a much shorter time frame then normal Appeals for the whole Case. It is my understanding from someone observing the hearing last Friday, this is what Mr. Charles “Chip” Babcock argued to the Court. That it would in fact be his right for CBS Studios Inc. if the Court denied his Motion for Final Summary Judgment to immediately file an Interlocutory Appeal. If you want some case laws regarding this I will be glad to provide those I researched.
The setback in this “Final Summary Judgment” for Neil McCabe on behalf of his client is that Virgie Arthur cannot file an Interlocutory Appeal. CBS has been totally dismissed from this case unless it is called back in as a third person non-party witness. This Final Order on the Motion for Summary Judgment means CBS Studios Inc. is gone from this suit until such time that this case is totally over and some party files a “General Appeal” on the whole case. This is not good news for Arthur since CBS was the ones with “deep pockets” and the one that she could recover the most from in a jury trial.
In other news the 352nd District Court for Tarrant County has granting Wilma Vicedomine’s request for a hearing on her Special Exceptions and Motion to Dismiss under Tex. Civ. Prac. & Rem. Code § 13.001 of Teresa Stephens suit in its entirety, that hearing is set for March 11, 2010 at 1:30 P. M. at the same time Judge Suddeth hears Neil McCabe’s and Don Clark’s Motion on Special Exceptions.
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