Opinion
13-24-00396-CV
12-09-2024
AMAZING VALLEY HEALTH SERVICES, INC. AND DANIEL TORRES, Appellants, v. JANIE VARGAS, Appellee.
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 10 OF HIDALGO COUNTY, TEXAS
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER OF ABATEMENT
PER CURIAM
This matter is before the Court on review of appellants' amended motion to abate or, in the alternative, motion to remand. Appellants are attempting to appeal a May 14, 2024, judgment. However, appellants indicate within their motion that the judgment may not be final or otherwise appealable.
Upon review of the record, it appears appellee filed counterclaims on August 7, 2023. However, there is no mention of the counterclaims in the judgment, nor is there any other document in the appellate record which disposes of the counterclaims brought by appellee. Therefore, we grant appellants' amended motion to abate and motion to remand the cause for further action by the trial court.
Accordingly, we abate the appeal and remand the cause to the trial court. Upon remand, the trial court shall address the following:
1. Whether the trial court intended the judgment to dispose of all claims and all parties, specifically counterclaims brought on behalf of appellee;
2. Whether the trial court has any remaining claims or parties pending before it in this cause.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order. This appeal will be reinstated upon receipt and review of the foregoing materials; notice of reinstatement shall be provided.