Blankenship v. Robins

In Blankenship v. Robins, 878 S.W.2d 138, 138 (Tex. 1994), the trial court rendered summary judgment against Blankenship and ordered that all remaining claims should be severed into a new cause number. However, the trial court clerk instead assigned a new cause number to the summary judgment, leaving the remaining claims in the original cause. Id. The trial court and parties then proceeded in accordance with the clerk's actions, with Blankenship filing a timely motion for new trial and appeal bond in the severed cause. Id. The supreme court held that Blankenship should not be punished for not complying with a severance order that was also ignored by Robins and the trial court and that Blankenship's filings in conformity with the clerk's actions were a bona fide attempt to invoke appellate jurisdiction. Id. at 139.