Univ. of Texas Med. Branch at Galveston v. Est. of Blackmon Ex Rel. Shultz, 195 S.W.3d 98 (Tex. 2006). · Go Syfert
Univ. of Texas Med. Branch at Galveston v. Est. of Blackmon Ex Rel. Shultz, 195 S.W.3d 98 (Tex. 2006). Cases Citing This Book View Copy Cite
Quick Summary

The filing of a nonsuit renders the merits of a case moot and deprives an appellate court of jurisdiction over an interlocutory appeal.

After a plaintiff filed a wrongful death suit against a state medical branch, the defendant filed an interlocutory appeal regarding a plea to the jurisdiction. While the appeal was pending, the plaintiff filed a nonsuit. The court must determine if the nonsuit deprived the appellate court of jurisdiction. Under the Texas Rules of Civil Procedure, a nonsuit is effective at the moment it is filed. Although a nonsuit allows certain motions for costs, attorney's fees, or sanctions to remain viable in the trial court, the filing of a nonsuit renders the merits of the case moot and extinguishes the case or controversy.

513 citation events (513 in the last 25 years) across 8 distinct courts.
Strongest positive: Texas Rock Solid Building Services, LLC v. Robert Pounds and Camille Pounds (texapp, 2024-07-25)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Texas Rock Solid Building Services, LLC v. Robert Pounds and Camille Pounds (2×) also: Cited as authority (rule)
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
a claim for affirmative relief must allege a cause of action, independent of the plaintiff's claim, on which the claimant could recover compensation or relief.
examined Cited as authority (verbatim quote) Rosa E. Santis and Rosa Santis v. Travis Central Appraisal District
Tex. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
a claim for affirmative relief must allege a cause of action, independent of the plaintiff's claim, on which the claimant could recover compensation or relief, even if the plaintiff abandons or is unable to establish his cause of action.
discussed Cited as authority (verbatim quote) Jason Stubbs v. Julianne Stubbs (2×) also: Cited as authority (rule)
Tex. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
although rule 162 permits motions for costs, attorney's fees, and sanctions to remain viable in the trial court, it does not forestall the nonsuit's effect of rendering the merits of the case moot.
examined Cited as authority (verbatim quote) Ralph Wallace Shamblin (3×) also: Cited as authority (rule), Cited "see, e.g."
Tex. App. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the nonsuit extinguishes a case or controversy from 'the moment the motion is filed' or an oral motion is made in open court; the only requirement is 'the mere filing of the motion with the clerk of the court.
examined Cited as authority (verbatim quote) Travelers Insurance Co. v. Joachim (4×) also: Cited as authority (rule), Cited "see"
Tex. · 2010 · quote attribution · 1 verbatim quote · confidence high
although rule 162 permits motions for costs, attorney's fees, and sanctions to remain viable in the trial court, it does not 863 forestall the nonsuit's effect of rendering the merits of the ease moot.
discussed Cited as authority (verbatim quote) Vantage Systems Design, Inc. v. Raymondville Independent School District
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
while the date on which the trial court signs an order dismissing the suit is the 'starting point for determining when a trial court's plenary power expires,' a nonsuit is effective when it is filed.
discussed Cited as authority (verbatim quote) Vantage Systems Design, Inc. v. Raymondville Independent School District
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
while the date on which the trial court signs an order dismissing the suit is the 'starting point for determining when a trial court's plenary power expires,' a nonsuit is effective when it is filed.
discussed Cited as authority (verbatim quote) Vantage Systems Design, Inc. v. Raymondville Independent School District
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
while the date on which the trial court signs an order dismissing the suit is the 'starting point for determining when a trial court's plenary power expires,' a nonsuit is effective when it is filed.
discussed Cited as authority (verbatim quote) Vantage Systems Design, Inc. v. Raymondville Independent School District
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
while the date on which the trial court signs an order dismissing the suit is the 'starting point for determining when a trial court's plenary power expires,' a nonsuit is effective when it is filed.
discussed Cited as authority (quoted) Fuentes v. Zaragoza
Tex. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
the nonsuit extinguishes a case or controversy from the moment the motion is filed....
cited Cited as authority (rule) National Collegiate Athletic Association v. Rashaun Agee
txctapp10 · 2026 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam)).
discussed Cited as authority (rule) Alecia Gaston v. C Four Appraisals, Inc, Cardinal Financial Company, LP, Rashid Gafoor and Findom, Inc. (2×) also: Cited "see"
txctapp1 · 2026 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (quotation omitted); see Travelers Ins.
cited Cited as authority (rule) The City of Arlington v. Airport Properties, Inc.
txctapp2 · 2026 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006).
cited Cited as authority (rule) Hui Xi v. Songping Lu
txctapp1 · 2026 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Zachary K. Mills, Robin Mills, and Edgegrove Homes, LLC v. Deborah Rupp and Edward Rupp
txctapp13 · 2026 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam)).
cited Cited as authority (rule) City of Houston v. Lorna Woods, Individually and on Behalf of the Estate of Cyril Woods
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Christopher M. Perricone v. American Precision Ammunition, LLC, A/K/A Precision Ammunition; Matthew Campbell; The Mineral Wells Industrial Foundation, Inc.; The Mineral Wells/Palo Pinto Area Growth Council; Stephen L. Butcher; S.L.B., Inc.; Lance Howerton; And Richard Ball
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (explaining that a nonsuit is effective when filed); see also Tex. R.
discussed Cited as authority (rule) Harris County, Texas v. Daryl Edwards and Lisa Capuchino A/N/F Aaliyah Capuchino, an Incapacited Person
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (where plaintiff “filed [a] nonsuit while this matter was pending on interlocutory appeal from [appellant’s] pretrial plea to the jurisdiction,” Texas Supreme Court “conclude[d] that the nonsuit deprived the court of appeals of jurisdiction”).
discussed Cited as authority (rule) Deborah Swan v. Mitzi Dixon
Tex. App. · 2025 · confidence medium
Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (quotations omitted) (citing Shadowbrook Apts. v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex. 1990); Greenberg v. Brookshire, 640 S.W.2d 870, 872 (Tex. 1982)).
discussed Cited as authority (rule) Kevin Lawrence Painter Sr. v. Tammy Renee Painter (2×) also: Cited "see"
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006).
discussed Cited as authority (rule) Andrew Toscano v. Kimberly D. Brown and Douglas Welch (2×)
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam)).
cited Cited as authority (rule) Ugalahi Offoboche v. Collin County, Texas, Collin County Sheriff's Deputies Mounger, Watson, and McMillan and Former Collin County Chief Deputy Constable Rumfield
Tex. App. · 2025 · confidence medium
Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100-01 (Tex. 2006) (per curiam); Nat'l Collegiate Ath.
discussed Cited as authority (rule) In Re AstraZeneca Pharmaceuticals LP v. the State of Texas
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (same); In re Bennett, 960 S.W.2d 35, 38 (Tex. 1997) (orig. proceeding) (per curiam) (same). 2 lawsuits asserting claims similar to HCA’s.2 The State believes that the interests of efficiency and judicial economy are best served by having a single judge—who is already thoroughly familiar with the issues in dispute—preside over similar claims, challenging similar conduct. • Lilly asserts that HCA filed its notice “to avoid an unfavorable ruling on the merits.” Mot. at 12 (emphasis added).
examined Cited as authority (rule) Violeta Paskauskiene v. Texas Department of Motor Vehicles (3×)
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006).
cited Cited as authority (rule) Herbert Lawrence Polinard, Jr. and William Ian Malcomson v. Woodlawn Christian Church of San Antonio, Inc., James Paul Tisdel, Jr., Carolyn Tisdel, and George Alejos
Tex. App. · 2025 · confidence medium
Br. at Galveston v. Est. of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (internal quotation marks omitted).
discussed Cited as authority (rule) Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company (2×)
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (giving effect to a nonsuit filed in the district court during an automatic stay); Le v. Kilpatrick, 112 S.W.3d 631, 635 (Tex. App.—Tyler 2003, no pet.) (same, court-ordered stay).
discussed Cited as authority (rule) Rustin Perot Wright v. Ashley Brooke Womack
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (quoting Shadowbrook Apartments v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex. 1990) (per curiam)). “[T]he nonsuit’s effect” is to “render[] the merits of the case moot.” Id. at 101.
discussed Cited as authority (rule) Willis v. Aron
5th Cir. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (“A nonsuit ‘extinguishes a case or controversy “from the moment the motion is filed” [no court order is required], the only _____________________ 3 We will not “raise and discuss” legal issues that Willis does not raise on appeal.
discussed Cited as authority (rule) Dewayne Murray, in His Capacity as the Chapter 7 Trustee of the Bankruptcy Estate of Sherman Robinson v. Desmond Pollard, Schneider National Carriers, Inc., Old Republic Insurance Company, and INS Insurance, Inc.
Tex. App. · 2025 · confidence medium
Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (quotations omitted) (citing Shadowbrook Apts. v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex. 1990); Greenberg v. Brookshire, 640 S.W.2d 870, 872 (Tex. 1982)).
cited Cited as authority (rule) GFF Texas Holdings, LLC v. Frank Lawson, Warren Lawson and Jubilee Springs, LLC
Tex. App. · 2025 · confidence medium
Schultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam)).
discussed Cited as authority (rule) Bob Bagley, Caleb Smith, Bill Philibert, Jim Doyle, Gwen Withrow, Steven Foster, Susan Love, Brigetta Millen, Mara Wasar, Mary Lewis, Sherry Tavel, Stephanie Cox, Lonna Hord, Jackie Williams, and Patrick Teich v. Bryan Christ, Matt Mitchell, and Charles A. Parada
Tex. App. · 2025 · confidence medium
Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (quotations omitted) (citing Shadowbrook Apts. v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex. 1990); Greenberg v. Brookshire, 640 S.W.2d 870, 872 (Tex. 1982)).
cited Cited as authority (rule) In Re Jeremy Lee Garate D/B/A Garate Process Service v. the State of Texas
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (quoting Shadowbrook Apartments v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex. 1990) (per curiam)).
cited Cited as authority (rule) Hannah Sprague and Delmus Meek v. Erwin J. Roberts and Julie Roberts
Tex. App. · 2025 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (quoting Shadowbrook Apartments v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex. 1990)).
discussed Cited as authority (rule) Mohammad Assadi v. TAM Residential D/B/A Auro Crossing (2×)
Tex. App. · 2024 · confidence medium
Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006).
discussed Cited as authority (rule) City of San Antonio v. Fatima Guerrero
Tex. App. · 2024 · confidence medium
Branch at Galveston v. Est. of Blackmon, 195 S.W.3d 98, 101 (Tex. 2006) (per curiam) (“A claim for affirmative relief must allege a cause of action, independent of the plaintiff’s claim, on which the claimant could recover compensation or relief, even if the plaintiff abandons or is unable to establish his cause of action.”).
cited Cited as authority (rule) Caroline Powell v. Jamie Lee Gould and Holly Lynn Eads
Tex. App. · 2024 · confidence medium
Powell v. Gould Page 8 Branch at Galveston v. Est. of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam).
cited Cited as authority (rule) In the Estate of Emily D. Prieto v. .
Tex. App. · 2024 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006).
discussed Cited as authority (rule) In Re: KVIA - Channel 7 v. the State of Texas
Tex. App. · 2024 · confidence medium
Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100-01 (Tex. 2006) (per curiam); Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999); Dominguez v. Dominguez, 583 S.W.3d 365 , 370 (Tex. App.—El Paso 2019, pet. denied) (“The mootness doctrine implicates a court’s subject matter jurisdiction, and such jurisdiction is essential to a court’s power to decide a case.”); see also Patterson v. Planned Parenthood of Houston and Southeast Texas, Inc., 971 S.W.2d 439, 442 (Tex. 1998) (justiciability doctrines such as ripeness, as well as standing and mootness, lie…
cited Cited as authority (rule) David Lynn v. Ronald Ferguson
Tex. App. · 2024 · confidence medium
Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (nonsuit effective when filed).
cited Cited as authority (rule) In the Estate of Billy Bob Wegenhoft v. the State of Texas
Tex. App. · 2024 · confidence medium
Shultz, 195 S.W.3d 98, 101 (Tex. 2006)) (punctuation omitted).
discussed Cited as authority (rule) Dr. Xavier Cantu v. Webb County and Laredo College
Tex. App. · 2024 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam) (setting out that a plaintiff’s right to nonsuit of its own cause of action exists at the moment a motion is filed, and the case is extinguished from that moment); 2 Appellant does not challenge the trial court’s directed verdict in favor of appellee Webb County. 3 Shadowbrook Apartments v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex. 1990) (citing Greenberg v. Brookshire, 640 S.W.2d 870 (Tex. 1982)); see also In re Lone Star Nat’l Bank, No. 13-18-00487-CV, 2018 WL 4997282 , at *3 (Tex. App.—Corpus Christi– Edinburg Oct. 15, 2018, orig. pro…
discussed Cited as authority (rule) Texas Parks & Wildlife Department, John Silovsky, and the State of Texas v. Steven Wieser and Jason Chancey (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam)).
cited Cited as authority (rule) Diogu Kalu Diogu II v. David Melanson
Tex. App. · 2024 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006).
cited Cited as authority (rule) City of El Paso v. Albert Lopez and Lexby Lopez
Tex. App. · 2023 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Grace Anyenya v. Apollo Villa HOA
Tex. App. · 2023 · confidence medium
Shultz, 195 S.W.3d 98, 101 (Tex. 2006)).
cited Cited as authority (rule) Danny K. Prince v. Robert M. Weleba
Tex. App. · 2023 · confidence medium
Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006)); see Leon Springs Gas Co. v. Rest.
cited Cited as authority (rule) B&V Landscaping v. Roscoe Robert Harvey, Nancy Joyce Harvey and Harvey R&N Trust
Tex. App. · 2023 · confidence medium
Branch v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex. 2006)).
discussed Cited as authority (rule) in Re Leticia Guerrero Garza, Administrator of the Estate of Jorge Luis Garza (2×)
Tex. App. · 2022 · confidence medium
Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam); In re Bennett, 960 S.W.2d 35, 38 (Tex. 1997) (orig. proceeding) (per curiam).
Retrieving the full opinion text from the archive…
The UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, Petitioner,
v.
THE ESTATE OF DARLA BLACKMON, by Its Beneficiary Sheila SHULTZ, and Sheila Shultz, Individually, Respondents
05-0594.
Texas Supreme Court.
Jun 9, 2006.
195 S.W.3d 98
2006 Tex. LEXIS 546
2006 WL 1566565
Greg Abbott, Attorney General of Texas, Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, Ryan D. Clinton, Office of the Attorney General, Nichelle A. Cobb, Tort Litigation Division, Austin, for Page 100 The University of Texas Medical Branch at Galveston. Stephen A. Khoury, Kelsoe Anderson Khoury Clark, Dallas, for The Estate of Darla Blackmom and Sheila Shultz.
Per Curiam.
Cited by 282 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: Court of Appeals of Texas (1)
PER CURIAM.

“While the petitioner’s interlocutory appeal from its plea to the jurisdiction was pending in the court of appeals, the respondent filed a nonsuit. We conclude that the nonsuit deprived the court of appeals of jurisdiction, and we vacate its order and dismiss this interlocutory appeal for want of jurisdiction.

Darla Blackmon died of pneumonia while incarcerated at a Texas Department of Criminal Justice substance abuse facility operated by the University of Texas Medical Branch at Galveston (UTMB). Black-mon’s daughter, Sheila Shultz, brought suit for wrongful death and survival damages, claiming that UTMB negligently failed to diagnose and treat her mother’s illness. Shultz alleged a waiver of sovereign immunity under the Tort Claims Act’s exception for personal injury or death caused by a condition or use of tangible personal property. See Tex. Civ. Prac. & Rem. Code § 101.021(2). UTMB filed a plea to the jurisdiction, which the trial court denied, and then brought an interlocutory appeal. See id. § 51.014(a)(8).

The court of appeals initially reversed the trial court’s order and rendered judgment for UTMB, but then withdrew its judgment upon granting Shultz’s motion for rehearing. Three weeks later, Shultz filed a nonsuit and moved to dismiss the appeal for want of jurisdiction. The court of appeals denied Shultz’s motion, and eventually issued a new opinion denying UTMB’s plea to the jurisdiction. 169 S.W.3d 712. Responding to UTMB’s appeal in this Court, Shultz contends that there is no longer a ease or controversy, and that her nonsuit deprived the court of appeals of jurisdiction over UTMB’s appeal. We agree.

Under the Texas Rules of Civil Procedure, “[a]t any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit, which shall be entered in the minutes.” Tex. R. Civ. P. 162. Rule 162 applies in this case because Shultz filed the nonsuit while this matter was pending on interlocutory appeal from UTMB’s pretrial plea to the jurisdiction. Under these circumstances, the nonsuit extinguishes a case or controversy from “the moment the motion is filed” or an oral motion is made in open court; the only requirement is “the mere filing of the motion with the clerk of the court.” Shadowbrook Apts. v. Abu-Ahmad, 783 S.W.2d 210, 211 (Tex.1990); see also Greenberg v. Brookshire, 640 S.W.2d 870, 872 (Tex.1982). While the date on which the trial court signs an order dismissing the suit is the “starting point for determining when a trial court’s plenary power expires,” a nonsuit is effective when it is filed. In re Bennett, 960 S.W.2d 35, 38 (Tex.1997); Tex. R. Civ. P. 329b. The trial court generally has no discretion to refuse to dismiss the suit, and its order doing so is ministerial. In re Bennett, 960 S.W.2d at 38; Shadowbrook, 783 S.W.2d at 211.

Of course, the trial court need not immediately dismiss the suit when notice of nonsuit is filed. Rule 162 states that the plaintiffs right to nonsuit “shall not prejudice the right of an adverse party to be heard on a pending claim for affirmative relief or excuse the payment of all costs taxed by the clerk,” and a dismissal “shall have no effect on any motion for sanctions, attorney’s fees or other costs, pending at the time of dismissal.” Tex. R.[*101] Civ. P. 162. A claim for affirmative relief must allege a cause of action, independent of the plaintiffs claim, on which the claimant could recover compensation or relief, even if the plaintiff abandons or is unable to establish his cause of action. BHP Petroleum Co., Inc. v. Millard, 800 S.W.2d 838, 841 (Tex.1990). UTMB has not raised a claim for affirmative relief, but it did request costs in its plea to the jurisdiction. Rule 162 permits the trial court to hold hearings and enter orders affecting costs, attorney’s fees, and sanctions, even after notice of nonsuit is filed, while the court retains plenary power. In re Bennett, 960 S.W.2d at 38. Thus, the trial court has discretion to defer signing an order of dismissal so that it can “allow a reasonable amount of time” for holding hearings on these matters which are “collateral to the merits of the underlying case.” Id. at 38-39. Although the Rule permits motions for costs, attorney’s fees, and sanctions to remain viable in the trial court, it does not forestall the nonsuit’s effect of rendering the merits of the case moot.

Finally, UTMB argues that a plaintiff cannot nonsuit a claim once a court has rendered a judgment on the merits. See Hyundai Motor Co. v. Alvarado, 892 S.W.2d 853, 854 (Tex.1995) (holding that a nonsuit results in a dismissal with prejudice as to claims already adjudicated on partial summary judgment). In this case, however, the court of appeals withdrew its judgment for UTMB before the nonsuit was filed. As a result, the nonsuit vitiated only the trial court’s interlocutory order denying UTMB’s plea to the jurisdiction. That ruling favored Shultz and, consequently, its nullification did not prejudice UTMB.

The court of appeals lacked jurisdiction to issue an order and opinion on rehearing. Accordingly, without hearing oral argument, we grant the petition for review, vacate the court of appeals’ order, and dismiss the appeal for want of jurisdiction. Tex. R. App. P. 59.1, 60.2(e).