Opinion
Appellate case number: 01-16-00898-CV
07-06-2017
Trenton Garrett v. Prologistix Corporation NW
ABATEMENT ORDER Trial court case number: 1076687 Trial court: County Civil Court at Law No. 2 of Harris County
This is an appeal from an order granting appellee's motion to dismiss, signed October 4, 2016. The order states that "[w]ithin 14 days after the date of this Order, Defendant shall submit a Request for Entry of Attorney's fees." A motion for attorney's fees was filed, but the clerk's record contains no order on this motion. Accordingly, it appears the October 4 order is not a final judgment. See Howell v. Mauzy, 774 S.W.2d 274, 276 (Tex. App.—Austin 1989, writ denied) (judgment held to be interlocutory and not final because it explicitly stated the trial court might take further action on claim for attorney's fees). The order also contains no language indicating the trial court intended to enter a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205-06 (Tex. 2001).
We may allow an appealed order "to be modified so as to be made final" and we may allow the modified order and "all proceedings relating to it to be included in a supplemental record." TEX. R. APP. P. 27.2.
Accordingly, we abate the appeal and remand to the trial court to permit the trial court to render a final judgment. A supplemental clerk's record containing any final judgment or order shall be filed within 30 days of the date of this order. If a supplemental clerk's record is not filed with this Court within 30 days of the date of this order, appellants shall notify this Court of the status of the proceedings.
It is so ORDERED. Judge's signature: /s/ Harvey Brown
[v] Acting individually [ ] Acting for the Court Date: July 6, 2017