In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00305-CV
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TOMMY LYNN COOPER, Appellant
V.
SUSAN CAROL BOLSTER, Appellee
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On Appeal from the 457th District Court
Montgomery County, Texas
Trial Cause No. 21-08-11490-CV
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MEMORANDUM OPINION
On September 24, 2021, Tommy Lynn Cooper, Appellant, filed a notice of
appeal from the trial court’s order dated September 22, 2021, granting a plea to the
jurisdiction. Susan Carol Bolster, Appellee, filed a motion to dismiss the appeal
because the appealed order is interlocutory and not subject to an accelerated appeal.
According to Bolster, the trial court has not yet resolved her claims regarding the
validity of a transfer-on-death deed and attorney’s fees recovery. Cooper agrees his
appeal is premature but asks this Court to abate the appeal until the trial court signs
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a final judgment. See Tex. R. App. P. 27.2 (“The appellate court may allow an
appealed order that is not final to be modified so as to be made final and may allow
the modified order and all proceedings relating to it to be included in a supplemental
record.”). Rule 27.2 does not confer authority on the appellate court to abate an
appeal while there are significant issues yet to be determined by the trial court.
Garcia v. Comm’rs Ct. of Cameron Cty., 101 S.W.3d 778, 786 (Tex. App.—Corpus
Christi 2003, no pet.).
We find that there are pending matters before the trial court that require
development and resolution in the trial court before an appeal can commence.
Accordingly, we grant Appellee’s motion and dismiss the appeal.
APPEAL DISMISSED.
PER CURIAM
Submitted on December 8, 2021
Opinion Delivered December 9, 2021
Before Kreger, Horton and Johnson, JJ.
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