Opinion
14-21-00630-CV
05-18-2023
GILCHRIST COMMUNITY ASSOCIATION, Appellant v. J. MARCUS HILL AND JAMES E. BRADLEY, Appellees
On Appeal from the County Court No. 2 Galveston County, Texas Trial Court Cause No. CV76026A
Panel consists of Justices Bourliot, Zimmerer, and Spain.
ABATEMENT ORDER
PER CURIAM.
Having granted appellant Gilchrist Community Association's (Gilchrist) motion for rehearing, we must determine our jurisdiction over Gilchrist's appeal of the trial court's final judgment.
Gilchrist filed a sworn motion to extend postudgment deadlines pursuant to Rule 306a in the trial court asserting it did not receive notice of the final judgment until August 3, 2021 (84 days after the judgment). See Tex. R. App. P. 4.2(c); Tex. R. Civ. P. 306a(4), (5). The trial court never ruled on appellant's motion. Texas Rule of Appellate Procedure 4.2 expressly requires the trial court to enter a written order with its finding of the date of actual notice. Tex.R.App.P. 4.2(c).
Accordingly, we abate the appeal and remand the case to the trial court for further proceedings limited to a determination of the date when appellant first either received notice or acquired actual knowledge that the order was signed. The trial court is ordered to sign an order determining that date and file it with the trial-court clerk. The trial-court clerk is ordered to prepare, certify, and file with the clerk of this court a supplemental clerk's record containing the trial court's order within 30 days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental clerk's record is filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing, if a hearing is required, in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.