Opinion
Appellate case number: 01-17-00261-CV
06-20-2017
TCH Energy Center Four, LLC and TCH Energy Corridor Venture, LLC v. MNC Memorial City Terrace, L.P. and Spring Branch Community Church n/k/a Bridge Point Bible Church
ORDER OF ABATEMENT Trial court case number: 2015-68069 Trial court: 234th District Court of Harris County
Appellants, TCH Energy Center Four, LLC and TCH Energy Corridor Venture, LLC, have filed a motion to stay the appeal and "all pending appellate deadlines until the trial court renders a final judgment." We construe the motion as a motion to abate the appeal to permit rendition of 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."); see, e.g., 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)) (appellate court granted motion to abate appeal to permit trial court to render final judgment on all claims, including attorney's fees). The motion is granted.
Accordingly, we abate the appeal and remand to the trial court to render a final judgment, disposing of all claims and parties in the underlying suit, or modify "so as to be made final" any appealed order. See TEX. R. APP. P. 27.2. A supplemental clerk's record containing any orders or a final judgment shall be filed within 30 days of the date of this order. See id. 27.2, 34.5(c). If a supplemental clerk's record is not filed with this Court within 30 days of the date of this order, appellants shall immediately notify this Court of the status of the trial court 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/ Russell Lloyd
[v] Acting individually [ ] Acting for the Court Date: June 20, 2017