NUMBER 13-16-00495-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE NAME OF DANA KAY ABNEY
On Petition for Writ of Mandamus.
ORDER
Before Justices Garza, Perkes, and Longoria
Per Curiam Order
Relator, Dana Kay Abney, filed a petition for writ of mandamus in the above cause
on September 20, 2016. Through this original proceeding, relator seeks to direct the trial
court to make findings in her favor regarding when she received actual notice or
knowledge of the underlying judgment pursuant to Texas Rule of Civil Procedure 306a.
See TEX. R. CIV. P. 306a. This petition for writ of mandamus joins an appeal currently
pending in our Court in appellate cause number 13-16-00412-CV.
The trial court’s order at issue in this original proceeding and related to the pending
appeal contains conflicting statements and is not dated. Further, the order fails to comply
with Texas Rule of Appellate Procedure 4.2(c). See TEX. R. APP. P. 4.2(c) (requiring the
trial court to sign a written order that “finds the date when the party or the party’s attorney
first either received notice or acquired actual knowledge that the judgment or order was
signed”).
Under these circumstances, we ABATE and REMAND this original proceeding to
the trial court. Upon remand, the trial court shall hold a hearing and take whatever steps
are necessary to issue an order complying with the appellate rules and clarifying its intent.
The trial court is directed to forward the record of the proceedings, including its amended
order and findings, to this Court within thirty (30) days of the date of this order, or to notify
this Court within such period indicating a date by which the trial court can comply. This
original proceeding will then be reinstated on further order of this Court.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
23rd day of September, 2016.
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