Tommy Lynn Cooper v. Susan Carol Bolster

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-21-00305-CV __________________ TOMMY LYNN COOPER, Appellant V. SUSAN CAROL BOLSTER, Appellee __________________________________________________________________ On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 21-08-11490-CV __________________________________________________________________ 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 1 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. 2