Martha Mahaffey Butler and Charles E. Ezell v. Dave R. Horton

Order filed November 8, 2012

 

 

                                                                       In The

                                                                             

  Eleventh Court of Appeals

                                                                   __________

 

                                                         No. 11-12-00303-CV

                                                    __________

 

MARTHA MAHAFFEY BUTLER AND CHARLES E. EZELL, Appellants

 

                                                             V.

 

                                DAVE HORTON ET AL., Appellees

 

                                   On Appeal from the 18th District Court

 

                                                          Johnson County, Texas

 

                                                Trial Court Cause No. C201000055

 

 

                                                                     O R D E R

            On September 14, 2012, the trial court entered a “Summary Judgment” and an “Order Denying Plaintiff’s Motion for Summary Judgment and Granting Defendant’s Motion for Summary Judgment.”  Taken together, these orders did not dispose of all the parties and claims.  Therefore, the orders do not constitute a final, appealable judgment.

            Appellants and appellees have filed a joint motion in this court in which they have requested that we abate the appeal to give the trial court an opportunity to modify the summary judgment orders so as to make them final and appealable.  See Tex. R. App. P. 27.2.  We grant the joint motion and, therefore, abate the appeal pursuant to Rule 27.2 to permit the trial court to consider whether to render a final judgment.

            The appeal is abated until January 8, 2013.  The court reporter and district clerk are ordered to file any supplemental records relating to the entry of a final judgment within seven days after entry of a judgment by the trial court.  If the trial court does not render a final judgment on or before January 8, 2013, this appeal will be dismissed for want of jurisdiction.

 

 

                                                                                    PER CURIAM

                                                                             

November 8, 2012

Panel consists of: Wright, C.J.,

McCall, J., and Gray, C.J., 10th Court of Appeals.[1]

 



                [1]Tom Gray, Chief Justice, Court of Appeals, 10th District of Texas at Waco, sitting by assignment to the 11th Court of Appeals.