Opinion
No. 04-13-00186-CV
2013-10-18
Leticia R. BENAVIDES, Appellant v. Shirley Hale MATHIS, as Temporary Guardian of the Estate of Carlos Y. Benavides, Jr., Carlos Y. Benavides III, Tomas Benavides and Ana B. Galo, as Co-Trustees of the Benavides Family Mineral Trust, Appellees
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2012-CVQ-000427-D4
Honorable Oscar J Hale, Jr., Judge Presiding
ORDER
On March 18, 2013, appellees Carlos Y. Benavides, III; Tomas Benavides; and Anna B. Galo, as Co-Trustees of the Benavides Family Mineral Trust filed a Motion to Dismiss Appeal in which they contended their motion for summary judgment on their counter-petition for declaratory relief was still pending; therefore, the two orders that are the subject of this appeal are not final or appealable. Appellant responded that the orders are final. Appellees' motion to dismiss was ordered carried with the appeal. In appellees' brief on the merits, appellees again asserted the appealed-from orders are not final and stated, for the first time, that their motion for summary judgment has been abated.
This court has since obtained a copy of the trial court's April 24, 2013 "Order Abating Hearing" in which the trial court orders that appellees' "Motion for Traditional and No-Evidence Summary Judgment, set for April 25, 2013, is hereby ABATED." In view of this order, this court again questions whether the orders appealed from are final.
Therefore, appellant is hereby ORDERED to file a response showing cause why this appeal should not be dismissed for lack of jurisdiction no later than October 28, 2013. If appellant does not believe this appeal should be dismissed, appellant is directed to not include an appendix in her response, but instead to provide citations to specific pleadings or orders in the clerk's record that support her argument.
It is so ORDERED on this 18th day of October, 2013.
PER CURIAM ATTESTED TO:_____________
Keith E. Hottle
Clerk of Court