Opinion
13-23-00412-CV
11-01-2023
AUTO MECHANICS SERVICE PLUS, LLC AND MOHAMMAD AL-BARNAWI, INDIVIDUALLY, Appellants, v. G. MICHAEL RAGOSS, Appellees.
On appeal from the County Court at Law No. 3 of Nueces County, Texas.
Before Justices Benavides, Longoria, and Tijerina
ORDER OF ABATEMENT
PER CURIAM.
This matter is before the Court on appellant's motion to abate. Appellant attempts to appeal an order dated August 19, 2023. On October 20, 2023, the Clerk of the Court notified appellant that upon review of the clerk's record, it appears that there is no final, appealable order. Appellant now requests the matter be abated for further trial court proceedings to address the finality of the order.
Accordingly, we grant the motion and abate the appeal and remand the cause to the trial court for clarification. Upon remand, the trial court shall address the following:
1. Whether the trial court intended the judgment to dispose of all claims and all parties;
2. Whether the trial court has any pending claims or parties pending before it in this matter.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty (30) days from the date of this order. This appeal will be reinstated upon receipt of the foregoing materials and upon further order of this Court.