Opinion
07-23-00160-CV
10-24-2023
ESTATE OF DONALD EDGAR SMITH, DECEASED
On Appeal from the 434th District Court Blanco County, Texas Trial Court No. CV08825, Honorable Evan C. Stubbs, Presiding
Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001.
Before QUINN, C.J., and PARKER and DOSS, JJ.
ORDER OF ABATEMENT AND REMAND
Per Curiam
Appellants, Katrina Smith and Shayla Smith Henderson, appeal from the trial court's Order Approving Sale of Real Property. Under Texas Estates Code section 356.556(c), the court's action in approving a report of sale "has the effect of a final judgment." The court's order must, among other things, "detail[] the terms of the sale." TEX. ESTATES CODE ANN. § 356.556(a)(3). On March 10, 2023, the trial court signed an order approving the sale of property from the Estate of Donald Edgar Smith, deceased, to Martin E. Vaughan "in accordance with the terms of the Contract" which is "attached hereto as Exhibit '1' ...." However, no exhibits are attached to the order and, consequently, the terms of the sale are not detailed in the order.
For these reasons, we abate this appeal and remand the cause to the trial court for entry of a judgment nunc pro tunc. The trial court is directed to enter a corrected order attaching "Exhibit 1" as referenced therein. The trial court shall cause the corrected order to be included in a supplemental clerk's record filed with the Clerk of this Court no later than November 27, 2023.
It is so ordered.