Texas Department of Transportation v. Tina Cash

• Court: Court of Appeals of Texas
• Decided: February 21, 2013
• Docket: 09-12-00463-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-12-00463-CV ____________________

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant

V.

TINA CASH, Appellee _______________________________________________________ ______________

On Appeal from the 88th District Court Hardin County, Texas Trial Cause No. 48295 ________________________________________________________ _____________

ORDER

After submission of the appeal, it came to the attention of the Court that one

of the orders in this case is unsigned. In response to our inquiry, the parties agreed

the appropriate response would be abatement of the appeal and remand for the trial

court to sign a written order denying the plea to the jurisdiction.

It is, therefore, ORDERED that the appeal is abated and the case is

remanded to the trial court for further proceedings. All appellate timetables are

suspended while the trial court retains jurisdiction over the case. A supplemental

1 clerk’s record containing the trial court’s written ruling on the plea to the

jurisdiction shall be filed with the Court of Appeals by March 25, 2013. If an order

ruling on the plea to the jurisdiction is not signed within thirty days of today, this

order of abatement will be withdrawn and the appeal shall proceed as though the

trial court had not signed an appealable order concerning the plea to the

jurisdiction.

ORDER ENTERED February 21, 2013.

PER CURIAM

Before Gaultney, Kreger, and Horton, JJ.