MOR KM Holdings, LLC v. Edgardo Madrid & Associates, LLC

• Court: Court of Appeals of Texas
• Decided: April 30, 2021
• Docket: 08-20-00190-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

MOR KM HOLDINGS, LLC, § No. 08-20-00190-CV

Appellant, § Appeal from the

v. § 143rd District Court

EDGARDO MADRID & ASSOCIATES, § of Reeves County, Texas LLC, § (TC# 19-10-23239-CVR) Appellee. §

ORDER ABATING APPEAL

This appeal and a related case, Fusion Industries, LLC v. Edgardo Madrid & Associates,

LLC, No. 08-20-00105-CV, arose out of a single case filed in the 143rd District Court of Reeves

County. Contemporaneous with the issuance of this order, we issued an opinion and judgment in

the Fusion Industries case that sets out the background and issues before the Court. Based on our

analysis of the issues as set out in that opinion, we issue the following order in this appeal:

• In order to ascertain our jurisdiction over this appeal, the Court hereby ABATES this appeal allowed by Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001) in order to clarify the intent of the trial court’s order.

• The trial court is ORDERED to, within 30 days of the date of this order, inform this Court by written explanation about whether it intended for the February 7, 2020 judgment to dispose of all claims against as to both Fusion Industries, L.L.C., and MOR KM Holdings, L.L.C., or only to Fusion Industries, L.L.C. All other pending motions, if any, are denied as moot.

IT IS SO ORDERED THIS 30TH DAY OF APRIL, 2021.

PER CURIAM

Before Rodriguez, C.J., Palafox, and Alley, JJ.