Opinion
13-20-00148-CV
01-10-2022
TATIYANA GENEVA ALTECOR, Appellant, v. UNITED PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee.
On appeal from the 370th District Court of Hidalgo County, Texas.
Before Contreras Chief Justice and Longoria and Silva, Justices.
ORDER OF ABATEMENT
PER CURIAM
Appellant, Tatiyana Geneva Altecor, attempts to appeal an order granting appellee's, United Property and Casualty Insurance Company (UPC), motion for traditional and no evidence summary judgment and order denying her competing motion for summary judgment. On September 19, 2019, the trial court issued two letters: one granting UPC's motion and one denying Altecor's. The letters directed the parties to submit an order memorializing the trial court's rulings for signature. Although a proposed order was filed, a signed copy does not appear in the record. Altecor filed a motion to reconsider the trial court's order granting UPC's motion for summary judgment. The trial court signed an order denying Altecor's motion to reconsider which does appear in the record. Because the signed order granting UPC's motion for summary judgment and order denying Altecor's motion for summary judgment do not appear in the record, we abate this appeal to the trial court to determine whether the order or orders were signed and, if so, to cause them to be filed with this Court. Otherwise, if the trial court intended for the order or orders to be signed, it shall sign them and cause them to be filed with this Court. If the trial court did not intend for the order or orders to be signed, it shall notify this Court of such as soon as practicable.
We note the trial court had not set Altecor's motion for summary judgment for consideration at the time it issued its letters and, following a motion by Altecor, set the motion to consider in February 2020.
These documents, if any, should be forwarded to the Clerk of this Court in a supplemental record within thirty days from the date of this order.