Opinion
NO. 14-15-00945-CV
01-12-2016
DAVID B.T. MYRICK, JR., EDNA ARCHER, HADEN BEARDSLEY, AND SARAH KATHRYN PACHECO, Appellants v. LINDA MOODY, ELIZABETH MOODY AND W.L. MOODY, V, Appellees
On Appeal from the Probate Court Galveston County, Texas
Trial Court Cause No. PR-0076077
ABATEMENT ORDER
The parties have filed an agreed motion to abate this appeal until the trial court enters a new judgment that disposes of attorneys' fees. Texas Rule of Appellate Procedure 27.2 provides as follows:
The appellate court may allow an appealed order that is not final to be modified so as to be made final and 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 grant the motion and order the case abated and remanded to the trial court for a period of sixty days to permit the parties to obtain a new judgment disposing of attorneys' fees. A supplemental clerk's record containing the trial court's final judgment shall be filed with the clerk of this court within seventy-five 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.
PER CURIAM Panel consists of Justices Jamison, Donovan and Brown.