Dana Kay Abney v. Ronnie Lee Frenzel, as of the Estate of Harold Frenzel
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Opinion
NUMBER 13-16-00412-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
DANA KAY ABNEY, Appellant,
v.
RONNIE LEE FRENZEL, AS EXECUTOR OF THE ESTATE OF HAROLD FRENZEL, Appellee.
On appeal from the 105th District Court of Kleberg County, Texas.
ORDER ABATING APPEAL
Before Justices Garza, Perkes, and Longoria Order Per Curiam
Appellant Dana Kay Abney seeks to appeal a temporary injunction and she has
filed a motion for extension of time to file her notice of appeal. In a separate petition for
writ of mandamus docketed in cause number 13-16-00495-CV, Abney seeks to direct the
trial court to make findings in her favor regarding when she received actual notice or
knowledge of the temporary injunction pursuant to Texas Rule of Civil Procedure 306a. See TEX. R. CIV. P. 306a.
The trial court’s order which denies Abney’s Rule 306a motion which is at issue in
the original proceeding and which is related to this appeal contains conflicting statements
and is not dated. Further, the order fails to comply with Texas Rule of Appellate
Procedure 4.2(c). See TEX. R. APP. P. 4.2(c) (requiring the trial court to sign a written
order that “finds the date when the party or the party’s attorney first either received notice
or acquired actual knowledge that the judgment or order was signed”).
Under these circumstances, we ABATE and REMAND this appeal to the trial court.
Upon remand, the trial court shall hold a hearing and take whatever steps are necessary
to issue an order which complies with the appellate rules and clarifies its intent. The trial
court is directed to forward the record of the proceedings, including its amended order
and findings, to this Court within thirty (30) days of the date of this order, or to notify this
Court within such period indicating a date by which the trial court can comply. This
appeal will be reinstated on further order of this Court.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the 23rd day of September, 2016.
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