Baroid Equipment, Inc. v. Odeco Drilling, Inc.

This case was referred by agreement of both the parties and the trial court for trial before a special judge under chapter 151 of the Civil Practice and Remedies Code. See generally Tex. Civ. Prac. & Rem. Code Ann. �� 151.001-.013 (Vernon 1997) (trial by special judge). The parties are attempting to appeal from the “Second Amended Judgment” signed by the special judge on March 5, 1999.

Under chapter 151, a proceeding filed in the trial court remains stayed pending the outcome of the trial before the special judge, and the parties cannot appeal until (1) the special judge submits a “verdict” *fn2 to the trial court, (2) all parties and all claims in the case are disposed of, *fn3 and (3) the trial court signs an order that memorializes the finality of the case. See id. �� 151.001, .004, .011, .012, .013; see also W. Frank Newton & David G. Swenson, Adjudication by Privately Compensated Judges in Texas, 36 Baylor L. Rev. 813, 839 (1984) (discussing predecessor of current chapter 151, Act of May 29, 1983, 68th Leg., R.S., ch. 917, 1983 Tex. Gen. Laws 5060 (former Tex. Rev. Civ. Stat. Ann. art. 200d, since amended and repealed)); cf. Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (discussing necessity of signed order from trial court to begin running of appellate timetables). The clerk’s record does not contain such an order from the trial court.