Opinion
NUMBER 13-20-00570-CV
01-28-2021
EDINBURG CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, Appellant, v. GREVIL O. AYALA, Appellee.
On appeal from County Court at Law No. 2 of Hidalgo County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Hinojosa and Silva
OrderPer Curiam
Appellant, Edinburg Consolidated Independent School District, attempts to appeal an order denying a plea to the jurisdiction. On December 30, 2020, the Clerk of this Court notified appellant that it appeared the appeal was not timely perfected.
On January 5, 2021, appellant responded to the notice informing the Court that while the order was dated December 3, 2020, the order was not issued until December 17, 2020. Further, appellant asserts that the parties were not provided notice of the signed orders until December 28, 2020. It is unclear from the response and appellate record whether a motion contemplated by Tex. R. Civ. P. 306a(5) has been filed or considered by the trial court. See Tex. R. Civ. P. 306a(4),(5).
Therefore, this appeal is hereby ABATED and the cause REMANDED to the trial court for further proceedings in accordance with Texas Rule of Civil Procedure 306a. The trial court is directed to forward a supplemental clerk's record, including any orders rendered, and a supplemental reporter's record, if such is necessary, to this Court within thirty (30) days of the date of this order, or to notify this Court within such period indicating a date by which the trial court can comply.
PER CURIAM Delivered and filed on the 28th day of January, 2021.