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Smith v. Kirk

Court of Appeals of Texas, Fourth District, San Antonio
Sep 28, 2021
No. 04-20-00388-CV (Tex. App. Sep. 28, 2021)

Opinion

04-20-00388-CV

09-28-2021

Jason Matthew SMITH and Christa Eve Smith, Appellants v. Dana G. KIRK, Trustee of Kirk Ranch Trusts, Appellees


From the County Court at Law, Kerr County, Texas Trial Court No. 18935C Honorable Susan Harris, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Liza A. Rodriguez, Justice

ORDER

PER CURIAM

After this appeal was briefed and set for submission on briefs, we questioned our appellate jurisdiction. The trial court's order did not appear to be a final, appealable order because it did not dispose of all pending claims. Additionally, the trial court's order was not an interlocutory order from which an appeal is authorized by statute.

On August 6, 2021, we issued an order withdrawing the submission date, abating the appeal, and remanding the case to the trial court. On August 18, 2021, the trial court signed an amended order stating: "All other relief on any claim or cause of action made by any party not expressly granted by this Order is hereby DENIED." The trial court clerk filed a supplemental clerk's record containing the trial court's findings of fact and conclusions of law and the amended order.

Because the trial court's amended order disposes of all parties and pending claims, we conclude that we have jurisdiction over this appeal.

Accordingly, we ORDER the abatement of the appeal LIFTED and the case REINSTATED on our docket. We FURTHER ORDER the case set for formal submission on briefs on November 1, 2021, before a panel consisting of Chief Justice Rebeca C. Martinez, Justice Irene Rios, and Justice Liza A. Rodriguez.

Supplemental briefs are not required. However, should any party desire to file a supplemental brief, he or she must do so on or before October 29, 2021.

It is so ORDERED.


Summaries of

Smith v. Kirk

Court of Appeals of Texas, Fourth District, San Antonio
Sep 28, 2021
No. 04-20-00388-CV (Tex. App. Sep. 28, 2021)
Case details for

Smith v. Kirk

Case Details

Full title:Jason Matthew SMITH and Christa Eve Smith, Appellants v. Dana G. KIRK…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Sep 28, 2021

Citations

No. 04-20-00388-CV (Tex. App. Sep. 28, 2021)