From Casetext: Smarter Legal Research

Shelton v. Kalbow

State of Texas in the Fourteenth Court of Appeals
Dec 11, 2014
NO. 14-14-00710-CV (Tex. App. Dec. 11, 2014)

Opinion

NO. 14-14-00710-CV

12-11-2014

NATHANIEL SHELTON AND MARCIA SHELTON, Appellants v. ALFRED KALBOW, AS TRUSTEE OF ALFRED MARTIAL TRUST, ET AL, Appellees


On Appeal from the 335th District Court Washington County, Texas
Trial Court Cause No. 35589

ORDER

This is an appeal from a judgment signed July 29, 2014. Appellee Alfred Kalbow, trustee of the Alfred Kalbow Marital Trust, filed a motion to dismiss for want of jurisdiction. On October 23, 2014, this court abated the appeal and remanded to the trial court for clarification of whether the partial summary judgment became final when the severance order was signed. On November 7, 2014, the trial court signed an amended judgment in which the court specifically found the judgment is not final because the attorney's fees claims have not been adjudicated. See McNally v. Guevara, 52 S.W.3d 195, 196 (Tex. 2001) (judgment that did not dispose of attorney's fees was not an appealable judgment).

On November 21, 2014, the trial court signed a final judgment disposing of attorney's fees. Appellants filed a motion to reinstate the appeal because a final judgment has now been signed. The motion is granted, and the appeal is reinstated. Appellee's motion to dismiss is denied. Appellant's brief is due on or before January 12, 2015.

PER CURIAM


Summaries of

Shelton v. Kalbow

State of Texas in the Fourteenth Court of Appeals
Dec 11, 2014
NO. 14-14-00710-CV (Tex. App. Dec. 11, 2014)
Case details for

Shelton v. Kalbow

Case Details

Full title:NATHANIEL SHELTON AND MARCIA SHELTON, Appellants v. ALFRED KALBOW, AS…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Dec 11, 2014

Citations

NO. 14-14-00710-CV (Tex. App. Dec. 11, 2014)