Lubbock County v. Oscar Reyna

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00380-CV

LUBBOCK COUNTY, APPELLANT

V.

OSCAR REYNA, APPELLEE

On Appeal from the 99th District Court Lubbock County, Texas Trial Court No. DC-2022-CV-0485, Honorable J. Phillip Hays, Presiding

October 25, 2023 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J. and PARKER and DOSS, JJ.

Appellant, Lubbock County, appeals from the trial court’s Order Granting Plaintiff’s

Motion for Judgment. The order was signed by the trial court but does not bear the

signature date. See TEX. R. CIV. P. 306a(2). Without this date, we are unable to

determine whether Lubbock County’s notice of appeal was timely filed. See TEX. R. APP.

P. 26.1. Accordingly, we abate this appeal and remand the cause to the trial court for

entry of a judgment nunc pro tunc reflecting the original date the trial court signed the

Order Granting Plaintiff’s Motion for Judgment. The trial court shall cause the judgment nunc pro tunc to be included in a clerk’s record filed with the Clerk of this Court by

November 27, 2023.

It is so ordered.

Per Curiam