Opinion
14-23-00059-CV
05-25-2023
ALEXIS RIVERA, Appellant v. TODD THURKETTLE D/B/A LONE STAR BRICK & STONE, Appellee
On Appeal from the County Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1168857
Panel Consists of Justices Jewell, Hassan, and Wilson.
CONTINUING ABATEMENT ORDER
PER CURIAM
On March 30, 2023, we ordered the trial court hold a hearing and sign an order finding the dates when appellant and his counsel first either received notice or acquired actual knowledge that the trial court's judgment was signed, and we further ordered the trial court clerk to file a supplemental clerk's record containing this order by May 1, 2023. Since this court's order was issued, no supplemental clerk's record has been filed by the trial court clerk.
Accordingly, we again order the trial court to hold a hearing and sign an order finding the dates when appellant and his counsel first either received notice or acquired actual knowledge that the trial court's judgment was signed, pursuant to Texas Rule of Civil Procedure 306a(5). We further order the trial court clerk to file a supplemental clerk's record with the clerk of this court on or before June 26, 2023 containing the trial court's order.
The appeal remains 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.