Opinion
14-23-00454-CV
10-26-2023
AKAMAI 5280 TAX PROFESSIONALS, LLC UPSTREAM TAX PARTNERS, JJM HOLDINGS, INC., AND JONATHAN MORANCHEL, Appellants v. FENIX CAPITAL FUNDING LLC, Appellee
On Appeal from the 295th District Court Harris County, Texas Trial Court Cause No. 2022-83002
Panel Consists of Chief Justice Christopher and Justices Bourliot and Hassan.
ABATEMENT ORDER
PER CURIAM
This appeal is from a judgment signed December 30, 2022. The clerk's record was filed August 10, 2023. The record reflects the notice of appeal was filed June 26, 2023.
Appellants allege they did not receive notice of the judgment until March 13, 2023. Pursuant to Texas Rule of Civil Procedure 306a, appellant must provide a written order signed by the trial court finding the date when appellant first either received notice or acquired actual knowledge the judgment was signed. See Tex. R. App. P. 4.2(c); see also LDF Construction, Inc. v. Texas Friends of Chabad Lubavitch, Inc., 459 S.W.3d 720, 724 (Tex. App.-Houston [14th Dist.] 2015, no pet.) (the date must be established by competent proof and included in a written order signed by the trial judge).
Accordingly, we order the case abated and remanded to the trial court for a hearing and entry of an order finding the date when appellant first either received notice or acquired actual knowledge that the order was signed. A supplemental clerk's record containing the trial court's order shall be filed with the clerk of this court within 30 days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the supplemental clerk's record is filed in this Court. The Court will also consider an appropriate motion to reinstate the appeal filed by either party, or the Court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing, if a hearing is required, in compliance with this Court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.