Opinion
04-24-00239-CV
10-29-2024
IN THE INTEREST OF E.N.E.P., a Child
From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 22-646 Honorable Kirsten Cohoon, Judge Presiding
ORDER
PER CURIAM.
This is an appeal from an order signed on January 3, 2024. The order does not contain language of finality. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001); In re R.R.K., 590 S.W.3d 535, 542-44 (Tex. 2019); see also Tex. Fam. Code § 153.005(a)(2) (stating that, "if the parents are or will be separated, [the court] shall appoint at least one managing conservator."). 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 Lehman, 39 S.W.3d at 206 ("If the appellate court is uncertain about the intent of the order, it can abate the appeal to permit clarification by the trial court."). 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 from the date of this order so that the trial court may clarify whether the order signed January 3, 2024 is final and to modify its order so as to be made final, if the trial court is so inclined. See Lehman, 39 S.W.3d at 206; Tex.R.App.P. 27.2. 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 signed January 3, 2024 and any other orders signed by the trial court in relation to this court's order within thirty days from the date of this order.
The appeal is abated 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 so ORDERED.