Before QUINN and REAVIS and JOHNSON, JJ.
By opinion dated February 13, 2002, this Court examined its jurisdiction to hear this appeal and after concluding that the February 6, 2001 summary judgment appealed from was interlocutory, the appeal was dismissed for want of jurisdiction. Citing Iacono v. Lyons, 6 S.W.3d 715 (Tex.App.--Houston [1st Dist.] 1999, no pet.), by their joint motion, the parties acknowledge that the judgment signed February 6, 2001, is not final, and pursuant to Rule 27.2 of the Texas Rules of Appellate Procedure they request that we withdraw our opinion and judgment of February 13, 2002, and abate the appeal and remand the cause to the trial court so that a final judgment may be rendered.
Concluding that the motion should be granted, we hereby withdraw our opinion and judgment of February 13, 2002, and abate the appeal until Friday, April 26, 2002, and remand the cause to the trial court so that the jurisdictional defect can be cured. Upon rendition of a final judgment, a supplemental clerk's record containing the final order should be prepared and filed not later than April 26, 2002. If a supplemental clerk's record is not filed with the Clerk of this Court on or before April 26, 2002, the appeal will be subject to dismissal without further notice for the reasons explained in our opinion of February 13, 2002.
It is so ordered.
Don H. Reavis
Justice
Do not publish.
lant's counsel has moved for leave to withdraw. See Johnson v. State, 885 S.W.2d 641, 645 (Tex.App.-Waco 1994, writ ref'd). We carried the motion for consideration with the merits of the appeal. Having done so and finding no reversible error, appellant's counsel's motion to withdraw is granted and the trial court's judgment is affirmed.
Mackey K. Hancock
Justice
Do not publish.