Opinion
No. 11-19-00341-CV
03-12-2020
TEXAS PETROLEUM LAND MANAGEMENT, LLC, ROBERT RALPH RIGGS, ELIZABETH ANN RIGGS LAWRENCE, AND JEANE HANCOCK RIGGS WELLER, Appellants v. DOROTHY KALMBACH MCMILLAN, KATHRYN MCMILLAN TAYLOR, AUSTIN TRUST COMPANY, AND NANCY M. HIGGS, Appellees
On Appeal from the 118th District Court Howard County, Texas
Trial Court Cause No. 52811
ORDER
Appellants filed a notice of appeal after the trial court entered two summary judgment orders. After the clerk's record was filed, we sent a letter to the parties to express this court's concern that a final judgment had not been entered yet because it appeared to this court that the trial court had not disposed of all of the parties' claims. Appellants have filed a response to this court's letter. In their response, Appellants indicated that they filed their notice of appeal out of an abundance of caution even though they have the same concern as this court does about the finality of the summary judgment orders. Appellants also indicated that they had discussed the matter with three of the appellees—Dorothy Kalmbach McMillan, Kathryn McMillan Taylor, and Austin Trust Company (the McMillan Appellees)—who agree that the trial court has not yet disposed of all of the parties' claims. Appellants and the McMillan Appellees request that we abate the appeal and remand the cause so that the trial court may resolve the remaining issues. Appellants have certified that Appellee Nancy M. Higgs does not oppose such a request.
Consequently, we abate the appeal pursuant to Rule 27.2 of the Texas Rules of Appellate Procedure to permit the parties to obtain a final order or judgment. If a final, appealable order or judgment has not been entered by May 26, 2020, this court may dismiss this appeal. See TEX. R. APP. P. 42.3. If a final judgment is entered before that date, the parties are ordered to notify this court immediately.
The appeal is abated.
PER CURIAM March 12, 2020 Panel consists of: Bailey, C.J.,
Stretcher, J., and Wright, S.C.J. Willson, J., not participating.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.