Opinion
No. 05-19-00354-CV
08-16-2019
THE ACCOUNTS RETRIEVABLE SYSTEM, INC. ASSIGNEE OF CHASE MANHATTAN BANK USA, N. A. SUCCESSOR IN INTEREST TO BANK ONE DELAWARE, N.A., Appellant v. WEI CHIN LIN AND BANK OF AMERICA, N.A., Appellees
On Appeal from the County Court at Law No. 2 Dallas County, Texas
Trial Court Cause No. CC-18-03587-B
ORDER
The Court questioned its jurisdiction over this appeal as it appeared appellee Bank of America, N.A.'s request for attorney's fees remains pending and the trial court did not sign an order on the agreed motion for nonsuit filed by appellant and Bank of America. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (generally, appellate courts have jurisdiction only over appeals from final judgments). As requested, appellant filed a letter addressing the Court's concern. In its letter brief, appellant asks that, if the Court determines the order is not final, that we abate this appeal and "instruct the trial court to sign a final order granting" the agreed motion for nonsuit.
We treat appellant's notice of appeal as prematurely filed. See TEX. R. APP. P. 27.1(a). Appellant has thirty days from the date of this order to obtain an order on the agreed motion for nonsuit. If the trial court signs such an order, appellant shall have filed a supplemental clerk's record containing the order.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Melissa Bellan, Presiding Judge of County Court at Law No. 2, and all parties.
We ABATE this appeal. The appeal will be reinstated in thirty-five days from the date of this order.
/s/ BILL WHITEHILL
JUSTICE