From Casetext: Smarter Legal Research

Timeout Holdings Co. v. Douglas

Court of Appeals of Texas, Fourteenth District
Oct 22, 2024
No. 14-24-00649-CV (Tex. App. Oct. 22, 2024)

Opinion

14-24-00649-CV

10-22-2024

TIMEOUT HOLDINGS COMPANY, LLC, Appellant v. DOUGLAS AND PAMELA SMITH, TED AND BEVERLY MARULES; AND ISLAND GREENS PROPERTY OWNERS' ASSOCIATION Appellees


On Appeal from the 152nd District Court Harris County, Texas Trial Court Cause No. 2022-38216

Panel Consists of Justices Jewell, Bourliot, and Zimmerer.

ABATEMENT ORDER

PER CURIAM.

This is an appeal from an order signed August 5, 2024. It appears from the record that the judgment is not final.

The Texas Supreme Court has advised that if an appellate court is uncertain about the intent of an order to finally dispose of all claims and parties, it can abate the appeal to permit clarification by the trial court. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001). Texas Rule of Appellate Procedure 27.2 provides as follows:

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 order the case abated and remanded to the trial court for a period of thirty days so that the trial court may clarify whether the orders are final. The trial court clerk is ordered to prepare certify and file in this court a supplemental clerk's record with the trial court's order clarifying the underlying orders and any other orders signed by the trial court in relation to this court's order within thirty days of this order.

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.


Summaries of

Timeout Holdings Co. v. Douglas

Court of Appeals of Texas, Fourteenth District
Oct 22, 2024
No. 14-24-00649-CV (Tex. App. Oct. 22, 2024)
Case details for

Timeout Holdings Co. v. Douglas

Case Details

Full title:TIMEOUT HOLDINGS COMPANY, LLC, Appellant v. DOUGLAS AND PAMELA SMITH, TED…

Court:Court of Appeals of Texas, Fourteenth District

Date published: Oct 22, 2024

Citations

No. 14-24-00649-CV (Tex. App. Oct. 22, 2024)