Texas and Miguel Cuellar and Carmen Cuellar v. Dumas Independent School District

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-18-00268-CV

MIGUEL CUELLAR AND CARMEN CUELLAR, APPELLANTS

V.

DUMAS INDEPENDENT SCHOOL DISTRICT, ET AL., APPELLEES

On Appeal from the 69th District Court Moore County, Texas Trial Court No. 17-57, Honorable Ron Enns, Presiding

August 28, 2018

ORDER OF ABATEMENT AND REMAND Before CAMPBELL and PIRTLE and PARKER, JJ.

Appellants, Miguel Cuellar and Carmen Cuellar, appeal from the trial court’s Final

Judgment. The Final Judgment was signed by the trial court but does not show the date

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

whether appellants’ notice of appeal was timely filed. See TEX. R. APP. P. 26.1.

Accordingly, we now abate this appeal and remand the cause to the trial court for

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

Judgment. The trial court shall cause the judgment nunc pro tunc to be included in a supplemental clerk’s record and cause that supplemental record to be filed with the Clerk

of this Court no later than September 11, 2018.

It is so ordered.

Per Curiam