Opinion

River Bend Park, LP, Westminster Farms LP and Westminster Farms GPLC v. Camcorp Interests, Limited, Camcorp Management, Inc. and Academy Development, Inc.

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Apr 11, 2017
Status
Published
Cited by
0 cases
Authority
More cited than 3.7%

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: River Bend Park, LP, Westminster Farm, LP, and Westminster Farms,

GPLC v. Camcorp Interests, Limited, Camcorp Management, Inc., and

Academy Development, Inc.

Appellate case number: 01-17-00179-CV

Trial court case number: 10-DCV-179512

Trial court: 240th District Court of Fort Bend County

Appellants, River Bend Park, LP, Westminster Farm, LP, and Westminster Farms,

GPLC, have filed an agreed motion to abate the appeal, asking 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). 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.

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, appellants 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/ Harvey Brown

 Acting individually  Acting for the Court

Date: April 11, 2017

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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