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Everson v. McAllen Residential Constr.

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jun 26, 2024
No. 13-24-00184-CV (Tex. App. Jun. 26, 2024)

Opinion

13-24-00184-CV

06-26-2024

PATRICIA EVERSON, Appellant, v. MCALLEN RESIDENTIAL CONSTRUCTION, LLC, MCALLEN VALLEY ROOFING, LLC, BRIAN MCSTEEN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, JUAN ESTRADA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, AND JOSE ALFREDO VILLALOBOS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, Appellees.


ON APPEAL FROM THE COUNTY COURT AT LAW NO. 1 OF HIDALGO COUNTY, TEXAS

Before Justices Benavides, Longoria, and Silva

ORDER OF ABATEMENT

Per Curiam

Appellant/cross-appellee Patricia Everson and appellees/cross-appellants McAllen Residential Construction, LLC, McAllen Valley Roofing, LLC, Brian McSteen, individually and in his official capacity, Juan Estrada, individually and in his official capacity, and Jose Alfredo Villalobos, individually and in his official capacity attempt to appeal a judgment dated January 23, 2024. On May 21, 2024, the Clerk of the Court notified the parties that upon review of the record, it appears that there is no final, appealable order. The underlying order does not mention Brian McSteen, individually and in his official capacity, Juan Estrada, individually and in his official capacity, and Jose Alfredo Villalobos, individually and in his official capacity, nor is there any other document in the appellate record which disposes of the claims related to these parties.

Accordingly, we abate the appeal and remand the cause to the trial court for clarification. Upon remand, the trial court shall address the following:

1. Whether the trial court intended the judgment to dispose of all claims and all parties, specifically Brian McSteen, individually and in his official capacity, Juan Estrada, individually and in his official capacity, and Jose Alfredo Villalobos, individually and in his official capacity;
2. Whether the trial court has any remaining claims or parties pending before it in this matter.

The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order. This appeal will be reinstated upon receipt and review of the foregoing materials; notice of reinstatement shall be provided.


Summaries of

Everson v. McAllen Residential Constr.

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jun 26, 2024
No. 13-24-00184-CV (Tex. App. Jun. 26, 2024)
Case details for

Everson v. McAllen Residential Constr.

Case Details

Full title:PATRICIA EVERSON, Appellant, v. MCALLEN RESIDENTIAL CONSTRUCTION, LLC…

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Jun 26, 2024

Citations

No. 13-24-00184-CV (Tex. App. Jun. 26, 2024)