Opinion
13-22-00128-CV
01-25-2024
IN THE ESTATE OF J.W. MASSEY, DECEASED.
On appeal from the County Court of Matagorda County, Texas.
Before Justices Benavides, Longoria, and Tijerina
ORDER OF ABATEMENT
PER CURIAM
In this consolidated case, appellant Howard Adams attempts to appeal the trial court's order granting summary judgment in favor of appellee Michelle Atkinson, independent executor of the estate of J.W. Massey. Adams also attempts to appeal the trial court's subsequent order transferring the case to the probate court.
This case is consolidated with 13-22-00127-CV, Howard Adams v. Michelle Carol Atkinson, as Independent Executor of the Estate of J.W. Massey.
By 'trial court,' we refer to the 130th District Court of Matagorda County, Texas.
By 'probate court,' we refer to the County Court of Matagorda County, Texas.
In this case, the trial court's order granting summary judgment expressly stated, "IT IS FURTHER ORDERED that the Court will consider [Atkinson's] Application for Attorney's Fees by separate submission." The trial court's subsequent transfer order expressly stated, "This court has heard and entered orders resolving all contested matters presented." This Court notified the parties that we questioned whether or not the trial court's order granting summary judgment was final, potentially affecting our jurisdiction. We also acknowledged that Adams appeared to be appealing from the trial court's transfer order and requested that Adams file a letter brief to identify law that clearly establishes this Court's jurisdiction to review either or both orders. We also notified Atkinson that she could file a response. The parties filed letter briefs in response to our notice. Adams asserts we have jurisdiction. Atkinson suggests we lack jurisdiction because the trial court's transfer order contained no language granting or denying her claim for attorney's fees.
To be final and appealable, a judgment must dispose of all issues and parties in the case. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). It is unclear from the record before the Court if all claims asserted by or against all parties have been disposed. Under these circumstances, we may abate the appeal to permit clarification by the trial court. Id. at 206; see Tex. R. App. P. 27.2, 44.3, 44.4.
Accordingly, we abate the appeal and remand the cause to the trial court for clarification. Upon remand, the trial court shall address whether it intended its transfer order to completely dispose of all claims and all parties. 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.