Opinion
No. 11-12-00035-CV
05-10-2012
ROBERT SCOTT, COMMISSIONER OF EDUCATION, Appellant v. STERLING CITY INDEPENDENT SCHOOL DISTRICT ET AL., Appellees
On Appeal from the 345th District Court
Travis County, Texas
Trial Court Cause No. D-1-GV-10-000124
ORDER
Robert Scott, Commissioner of Education, filed a notice of appeal in the trial court on December 15, 2011. In the notice, Scott states that he is appealing "the order signed on November 15, 2011, granting attorneys fees . . . , as well as the ruling of July 8, 2011." Upon reviewing the clerk's record that was filed in this court on May 2, 2012, this court noted the absence of an order signed on November 15, 2011. The district clerk's office has confirmed by letter dated May 2, 2012, that the trial court faxed a letter to counsel on November 15, directing the plaintiffs' counsel to submit an order reflecting the trial court's ruling on attorney's fees but that the trial court had not received an order. The trial court's November 15 letter is included in the clerk's record; it specifically "directs Plaintiffs' counsel to submit an order reflecting the Court's ruling on attorney fees and simultaneously serve the order on Defendant's counsel." As written, the November 15 letter does not constitute an order. See Goff v. Tuchscherer, 627 S.W.2d 397, 398-99 (Tex. 1982).
Because the trial court has not yet entered an order disposing of the issue of attorney's fees, we will abate this appeal pursuant to TEX. R. APP. P. 27.2 to permit the trial court to enter an order constituting a final judgment on that issue. The trial court is instructed to enter such an order on or before May 21, 2012, and the district clerk is directed to file in this court a supplemental clerk's record containing the trial court's order on or before May 31, 2012.
The appeal is abated.
PER CURIAM Panel consists of: Wright, C.J., McCall, J., and Kalenak, J.