Opinion
05-23-00917-CV
11-07-2023
IN THE ESTATE OF WILLIE EARL ALEXANDER, DECEASED
On Appeal from the County Court at Law No. 2 Kaufman County, Texas Trial Court Cause No. 22P-338-2
ORDER
BONNIE LEE GOLDSTEIN, JUSTICE
We REINSTATE this appeal which we abated to allow the parties an opportunity to obtain a ruling on a pending attorney's fees issue. The issue precluded the appealed declaratory judgment from being final and the Court from having jurisdiction over the appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
On November 6, 2023, a supplemental clerk's record containing a copy of the trial court's order awarding appellee trial and conditional appellate fees was filed. The order resolves the fee issue in its entirety and combined with the declaratory judgment constitutes a final judgment over which the Court now has jurisdiction. See Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam).
The jurisdictional issue now resolved, we ORDER Lydia Dungan, Official Court Reporter for County Court at Law No. 2, to file the reporter's record no later than December 7, 2023.
We DIRECT the Clerk of the Court to send a copy of this order to Ms. Dungan and the parties.