Opinion
13-24-00184-CV
06-26-2024
PATRICIA EVERSON, Appellant, v. MCALLEN RESIDENTIAL CONSTRUCTION, LLC, MCALLEN VALLEY ROOFING, LLC, BRIAN MCSTEEN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, JUAN ESTRADA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, AND JOSE ALFREDO VILLALOBOS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, Appellees.
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 1 OF HIDALGO COUNTY, TEXAS
Before Justices Benavides, Longoria, and Silva
ORDER OF ABATEMENT
Per Curiam
Appellant/cross-appellee Patricia Everson and appellees/cross-appellants McAllen Residential Construction, LLC, McAllen Valley Roofing, LLC, Brian McSteen, individually and in his official capacity, Juan Estrada, individually and in his official capacity, and Jose Alfredo Villalobos, individually and in his official capacity attempt to appeal a judgment dated January 23, 2024. On May 21, 2024, the Clerk of the Court notified the parties that upon review of the record, it appears that there is no final, appealable order. The underlying order does not mention Brian McSteen, individually and in his official capacity, Juan Estrada, individually and in his official capacity, and Jose Alfredo Villalobos, individually and in his official capacity, nor is there any other document in the appellate record which disposes of the claims related to these parties.
Accordingly, we abate the appeal and remand the cause to the trial court for clarification. 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 Brian McSteen, individually and in his official capacity, Juan Estrada, individually and in his official capacity, and Jose Alfredo Villalobos, individually and in his official capacity;
2. Whether the trial court has any remaining claims or parties pending before it in this matter.
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.