Opinion
05-24-00776-CV
09-11-2024
CHARLOTTE CARROLL, Appellant v. RABILE FAMILY DENTISTRY, Appellee
On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-24-02073-B
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
In a letter dated August 29, 2024, we questioned our jurisdiction over the appeal because the judgment left for later determination the amount of attorney's fees awarded to appellee. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (generally, appellate court has jurisdiction over final judgments that dispose of all parties and claims and certain interlocutory orders as permitted by statute). We directed appellant to file a letter brief addressing the jurisdictional issue. Before the Court is appellant's September 9, 2024 motion to abate the appeal to allow the trial court time to sign an order setting the amount of attorney's fees. The clerk's record includes an affidavit proving up the attorney's fees and it appears that, per the judgment, all that remains is the trial court's ruling. Accordingly, we GRANT the motion and ORDER the trial court to sign, no later than September 30, 2024, an order setting the amount of attorney's fees awarded to appellee.
We ORDER Dallas County Clerk John Warren to file, no later than October 4, 2024, a supplemental clerk's record with the trial court's order setting the amount of appellee's attorney's fees or written verification that the trial court did not sign an order on or before September 30, 2024.
Also before the Court is appellant's September 9, 2024 motion for an extension of time to file the requested jurisdictional letter brief. We GRANT the motion to the extent that we SUSPEND the deadline. Should the trial court fail to sign an order within the deadline, the Court will set a new deadline for the letter brief.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Melissa Bellan, Presiding Judge of County Court at Law No. 2; Mr. Warren; and the parties.
We ABATE this appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated no later than October 4, 2024.