Opinion
14-24-00759-CV
11-07-2024
MARCELA CAMPOS GORDOA, Appellant v. MARLOWE CONDOMINIUM OWNERS ASSOCIATION, COMMUNITY ONE SOURCE, LLC, AND UNKNOWN DOES 1-6, Appellees
On Appeal from the 189th District Court Harris County, Texas Trial Court Cause No. 2020-72768
Panel Consists of Chief Justice Christopher and Justices Wise and Hassan.
ABATEMENT ORDER
PER CURIAM
This is an appeal from a judgment signed July 2, 2024. It appears from the record that the judgment is not final.
The Texas Supreme Court has advised that if an appellate court is uncertain about the intent of an order to finally dispose of all claims and parties, it can abate the appeal to permit clarification by the trial court. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001). Texas Rule of Appellate Procedure 27.2 provides as follows:
The appellate court may allow an appealed order that is not final to be modified so as to be made final and may allow the modified order and all proceedings relating to it to be included in a supplemental record.Tex. R. App. P. 27.2.
Accordingly, we order the case abated and remanded to the trial court for a period of thirty days so that the trial court may clarify whether the summary judgments are final, and to permit the parties to obtain an order or orders disposing of the claims against Unknown Does 1 - 6, if necessary. The trial court clerk is ordered to prepare certify and file in this court a supplemental clerk's record with the trial court's order clarifying the underlying order granting summary judgment and any other orders signed by the trial court in relation to this court's order within thirty days of this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental clerk's record is filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing, if a hearing is required, in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.