Opinion
13-24-00166-CV
05-14-2024
THE GALA SPECIAL EVENTS, LTD. AND VICTOR BARRERA,Appellants, v. CHRISTIAN TIJERINA AND JOE ZACARIAS,Appellees.
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 10 OF HIDALGO COUNTY, TEXAS
Before Benavides, Tijerina, and Silva Justices.
ORDER OF ABATEMENT
PER CURIAM.
This matter is before the Court on review of appellants' correspondence dated April 30, 2024. Appellants attempt to appeal a judgment dated January 3, 2024. On April 19, 2024, the Clerk of the Court notified appellants that upon review of the clerk's record, it appears that there is no final, appealable order. Appellants assert there was a trial on the merits making the judgment final and appealable. However, there is no mention of Victor Barrera in the judgment, nor is there any other document in the appellate record which disposes of claims related to Victor Barrera.
Accordingly, we abate the appeal and remand the cause to the trial court for clarification. Upon remand, the trial court shall address the following:
1. Whether the trial court intended the judgment to dispose of all claims and all parties, specifically Victor Barrera;
2. Whether the trial court has any remaining claims or parties pending before it in this matter.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order. This appeal will be reinstated upon receipt and review of the foregoing materials; notice of reinstatement shall be provided.