Mark Young v. Bellapalma, LLC

• Court: Court of Appeals of Texas
• Decided: February 6, 2018
• Docket: 14-17-00040-CV
• Status: Published

Opinion

Abatement Order filed February 6, 2018.

In The

Fourteenth Court of Appeals ____________

NO. 14-17-00040-CV ____________

MARK YOUNG, Appellant

V.

BELLAPALMA, LLC, Appellee

On Appeal from the 270th District Court Harris County, Texas Trial Court Cause No. 2013-68322

ABATEMENT ORDER

This is an appeal from a judgment signed November 21, 2016. It appears from the record that the judgment is not final. The summary judgment purports to render judgment against Defendants, but does not appear to dispose of all parties.

If an appellate court is uncertain about the intent of an order to finally dispose of all claims and parties, it may 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 summary judgment is final, and to permit the parties to obtain an order or orders disposing of the claims against Timothy G. Young, if necessary. A supplemental clerk’s record containing the trial court’s clarifying order or orders shall be filed with the clerk of this court on or before March 1, 2018.

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

Panel consists of Chief Justice Frost and Justices Busby and Wise.