Order entered September 17, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00409-CV
PEOPLE PRIORITY SOLUTIONS, LLC, Appellant
V.
MCILVEEN REAL ESTATE & MANAGEMENT, INC., Appellee
On Appeal from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-02057
ORDER
This appeal is from the trial court’s order of dismissal for want of
prosecution. In relevant part, the order recites as follows:
Plaintiff(s) having failed to take certain action heretofore
specified by the court within the time period prescribed, and having
not disposed of this case, the court finds that the cause should be
dismissed for want of prosecution . . . The court finds that Plaintiff
was duly notified of [the] dismissal hearing . . . and did not take the
necessary action. Accordingly,
IT IS ORDERED that the case is dismissed for want of
prosecution with costs taxed against Plaintiff, for which execution
issue.
Noting it intervened in the underlying suit and is uncertain as to whether the
trial court intended to dismiss the case as to all claims and parties, appellant has
filed a motion to abate the appeal. Appellee opposes the motion and has filed a
response.
It is well-settled that, subject to mostly statutory exceptions, an appeal may
be taken only from a final judgment that disposes of all parties and claims. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When the language
of an appealed order does not clearly and unequivocally dispose of all parties and
claims, an appellate court may abate the appeal to permit the trial court to clarify
the intent of its order. See id. at 206. Accordingly, we GRANT the motion and
REMAND the cause to the trial court so it can clarify its intent. If the trial court
intended its dismissal order to be a final and appealable judgment that disposes of
all claims and all parties, it shall modify the order to make that intention clear. If
the trial court did not render a final judgment, it shall certify so in writing and state
what claims remain pending. The trial court shall then cause the modified order or
certification be included in a supplemental clerk’s record to be filed in the Court
no later than October 20, 2021.
We DIRECT the Clerk of the Court to send a copy of this order to the
Honorable Kristina Williams, Presiding Judge of the 192nd Judicial District Court;
Dallas County District Clerk Felicia Pitre; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to comply
with this order. The appeal shall be reinstated and any appropriate new deadlines
shall be set no later than October 25, 2021.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE