Opinion
14-24-00001-CV
05-30-2024
GRACE OKONRENDE AND CHOSEN OKONRENDE, INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF CHAMPION OKONRENDE, DECEASED, Appellants v. TEXAS CHILDREN'S HOSPITAL, BAYLOR COLLEGE OF MEDICINE, DR. ROLLY C. CHAWLA, DR. KRITI PURA, DR. SALEH BHAR, AND DR. ALEXANDER ALALI, Appellees
On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 2021-80436
Panel Consists of Chief Justice Christopher and Justices Spain and Poissant.
ABATEMENT ORDER
PER CURIAM.
This is an attempted appeal from an order of dismissal signed October 5, 2023. On May 6, 2024, appellees Baylor College of Medicine, Dr. Rolly C. Chawla, Dr. Kriti Pura, Dr. Saleh Bhar, and Dr. Alexander Alali filed a motion to abate the appeal to allow the trial court to render a final appealable judgment. We grant the motion because the order of dismissal is not final because the trial court did not dispose of appellees' claims for attorney's fees. See Tex. Civ. Prac. Rem. Code § 74.351(b)(1) (providing for mandatory award of attorney's fees when trial court grants defendant's motion to dismiss for failure to file an expert report).
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, "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 abate the appeal and remand the case to the trial court for a period of thirty days to allow further proceedings. The trial-court clerk is ordered to prepare, certify, and file with the clerk of this court a supplemental clerk's record containing any motions and orders filed with the trial-court clerk during the 30-day remand period. Any such supplemental clerk's record is due no later than ten days after the 30-day remand period.
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.
The parties are notified that if the supplemental clerk's record does not demonstrate there is a final, appealable judgment, this appeal will be subject to involuntary dismissal for want of jurisdiction without further notice. Tex.R.App.P. 42.3