Opinion
NO. 14-17-00473-CV
06-27-2017
TEXAS VOICES FOR REASON AND JUSTICE, INC., Appellant v. THE CITY OF MEADOWS PLACE, TEXAS, Appellee
On Appeal from the 400th District Court Fort Bend County, Texas
Trial Court Cause No. 15-DCV-228792
ABATEMENT ORDER
Plaintiff/appellant, Texas Voices for Reason and Justice, Inc., filed a notice of interlocutory appeal from an order signed by the trial court on May 12, 2017, granting the plea to the jurisdiction of defendant/appellee, City of Meadows Place. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(8) (West 2015 & Supp. 2016) (authorizing interlocutory appeal of order granting or denying a plea to the jurisdiction by a governmental unit).
A plea to the jurisdiction challenges the trial court's subject matter jurisdiction. Texas Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex. 2004). When a court lacks subject matter jurisdiction over a claim, it must dismiss that claim. See Thomas v. Long, 207 S.W.3d 334, 338-39 (Tex. 2006).
The trial court's order grants the plea to the jurisdiction but does not dismiss appellant's claims. In this case, appellant and appellee appear to be the only parties. As a result, a dismissal of appellant's claims would dispose of all claims and parties in the case and would therefore result in a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). Further, if the trial court dismisses appellant's claims, any appeal concerning the plea to the jurisdiction would be from a final judgment, not the order granting appellee's plea to the jurisdiction, and therefore would not be an interlocutory appeal. See Saifi v. City of Texas City, No. 14-13-00815-CV, 2015 WL 1843540, *3 (Tex. App.—Houston [14th Dist.] April 23, 2015, no pet.) (mem. op.).
If an appellate court is uncertain about a trial court's intent to finally dispose of all claims and parties, it may abate the appeal to permit clarification by the trial court. See Lehmann, 39 S.W.3d at 206. 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 this appeal and remand to the trial court to permit the trial court to clarify its intent and the parties to obtain a final judgment if necessary. Appellant shall file an amended notice of appeal from the final judgment. A supplemental clerk's record containing any such order or judgment and amended notice of appeal shall be filed with this court by July 27, 2017.
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.
PER CURIAM