Opinion
Appellate case number: 01-16-00136-CV
11-10-2016
Dina Velasquez Pereira v. Leonel Antonio Lopez Bustillo
ORDER OF ABATEMENT Trial court case number: 2015-19994 Trial court: 247th District Court of Harris County
Appellant, Dina Velasquez Pereira, has requested that we abate the appeal and remand to the trial court to permit the trial court to render a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001) (citing TEX. R. APP. P. 27.2) ("If the appellate court is uncertain about the intent of the order, it can abate the appeal to permit clarification by the trial court."); Markovsky v. Kirby Tower, L.P., No. 01-13-00516-CV, 2015 WL 8942528 at *2 n.1 (Tex. App.—Houston [1st Dist.] Dec. 15, 2015, no pet.) (mem. op.) (citing McNally v. Guevara, 52 S.W.3d 195, 196 (Tex. 2001)) (noting appellate court granted appellant's motion to abate appeal to permit trial court to render final judgment on all claims, including attorney's fees); cf. TEX. FAM. CODE ANN. § 201.007(a)(14)(B) (West 2014) (providing associate judge may render and sign "final default order"). The motion is granted.
Accordingly, we abate the appeal and remand to the trial court to permit the trial court to render a final judgment, disposing of all claims and parties in the underlying suit affecting the parent-child relationship. A supplemental clerk's record containing any final judgment or order shall be filed within 30 days of the date of this order. If a supplemental clerk's record is not filed with this Court within 30 days of the date of this order, appellant shall notify this Court of the status of the proceedings.
The appeal is abated, treated as a closed case, and removed from this Court's active docket. It is so ORDERED. Judge's signature: /s/ Terry Jennings
[×] Acting individually Date: November 10, 2016