Raymond Criswell v. Kenneth M. Allison and Linda C. Allison

• Court: Court of Appeals of Texas
• Decided: January 15, 2019
• Docket: 09-18-00003-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-18-00003-CV _________________

RAYMOND CRISWELL, Appellant

V.

KENNETH M. ALLISON AND LINDA C. ALLISON, Appellees ________________________________________________________________________

On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV29835 ________________________________________________________________________

ORDER

Upon submission of the appeal, it came to the attention of this Court that the

trial court’s judgment does not contain a legal description of the property awarded

by adverse possession to the appellees, Kenneth M. Allison and Linda C. Allison.

The appellant, Raymond Criswell, and the appellees filed a joint motion to abate the

appeal and remand the case to the trial court for entry of an amended judgment. We

grant the motion to abate and remand. 1 It is, therefore, ORDERED that the appeal is abated and the case is remanded

for entry of an amended judgment that includes a legal description of the property

awarded by adverse possession. See Tex. R. App. P. 44.4. A supplemental clerk’s

record containing the amended judgment shall be filed with the Court of Appeals by

February 14, 2019. The trial court may conduct such hearings as may be necessary;

if a hearing is conducted, a supplemental reporter’s record of the hearing shall be

prepared and filed with the appellate court. The appeal will be reinstated without

further order of this Court when the supplemental clerk’s record containing the

amended judgment is filed.

ORDER ENTERED January 15, 2019. PER CURIAM Before McKeithen, C.J., Kreger and Horton, JJ.