Opinion
No. 05-18-00840-CV
08-21-2018
THOMAS GENE BROWN AND ELLA BROWN, Appellants v. AMERIQUEST MORTGAGE CO., Appellee
On Appeal from the 86th Judicial District Court Kaufman County, Texas
Trial Court Cause No. 70241-86
ORDER
By letter dated August 8, 2018, the Court questioned its jurisdiction over this appeal because there does not appear to be a final judgment. Before the Court are appellants' (1) July 24 motion for an extension of time to file a notice of appeal and (2) August 20 motion asking this Court to abate this appeal for sixty days to allow them an opportunity to obtain a final judgment from the trial court. In their August 20 motion, appellants acknowledge that the judgment is not final. Because the judgment is not final, the notice of appeal is premature. Accordingly, we DENY the motion for an extension of time to file a notice of appeal.
We GRANT the motion requesting abatement to the extent that we ABATE this appeal for THIRTY DAYS to allow appellants an opportunity to obtain a final judgment from the trial court. The appeal will be reinstated in thirty days or when a supplemental clerk's record is filed containing the trial court's judgment. We caution appellants that the appeal may be dismissed for want of jurisdiction if a final judgment is not signed. See TEX. R. APP. P. 42.3(a).
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Casey Blair, Presiding Judge of the 86th Judicial District Court, and all parties.
/s/ ADA BROWN
JUSTICE