Opinion
NO. 09-18-00255-CV
08-28-2019
HERBERT FEIST, Appellant v. LARRY J. GIST, ET AL., Appellees
On Appeal from the 136th District Court Jefferson County, Texas
Trial Cause No. D-201,708
ORDER
After submission of this appeal, the Court notified the parties that the judgment or order which is the subject of the appeal does not appear to have finally adjudicated all claims between all parties. We requested letter briefs from the parties about whether the order or judgment being appealed disposed of all issues and all parties or was otherwise appealable as an interlocutory appeal, and if not, whether it would be appropriate to abate the appeal and remand it to the trial court to allow the trial court an opportunity to render a final judgment as to all parties and all claims or an order of severance as to the claims against appellee, Larry J. Gist. An appellate court may allow an appealed order that is not final to be modified to be made final and the modified order and all proceedings relating thereto shall then be included in a supplemental record. Tex. R. App. P. 27.2. Appellee requests a remand.
It is, therefore, ORDERED that this appeal is abated, and the case is remanded to the trial court for further proceedings. All appellate timetables are suspended while the trial court retains jurisdiction over the case. A supplemental record shall be filed with the Court of Appeals by September 27, 2019. The appeal will be reinstated without further order of this Court when the supplemental clerk's record is filed with this Court.
ORDER ENTERED August 28, 2019.
PER CURIAM Before McKeithen, C.J., Kreger, and Johnson, JJ.