Dion's of Texas, Inc. v. Shamrock Economic Development Corporation, and the City of Shamrock, Texas
Dion's of Texas, Inc. v. Shamrock Economic Development Corporation, and the City of Shamrock, Texas
Opinion
Before QUINN, REAVIS and CAMPBELL, JJ.
Pending before us is the motion to dismiss of appellee Shamrock Economic Development Corporation (the Corporation) for lack of jurisdiction. In its motion, the Corporation contends that because the appeal is interlocutory, we have no jurisdiction to entertain it. On August 16, 2004, we abated and remanded the cause to the trial court, asking it to clarify its intent regarding the finality of the summary judgment.
On August 30, 2004, the trial court entered a modified final summary judgment, which disposes of all issues and parties herein and is a final appealable judgment.
Therefore, the Corporation's motion to dismiss is overruled.
Per Curiam
peal.
Accordingly, pursuant to Young's motion, this matter is abated and the cause is remanded to the trial court. Tex. R. App. P. 2. Upon remand, the judge of the trial court is directed to immediately cause notice to be given of and to conduct a hearing to determine: (1) whether appellant desires to prosecute this appeal; (2) if appellant desires to prosecute this appeal, then whether appellant is indigent; (3) if appellant is indigent and desires to prosecute this appeal, whether appellant's present counsel should continue to represent her pursuant to the court's prior order appointing counsel; and (4) what orders, if any, should be entered to assure the filing of appropriate notices and documentation to dismiss appellant's appeal if appellant does not desire to prosecute this appeal.
The trial court is directed to: (1) conduct any necessary hearings; (2) make and file appropriate findings of fact, conclusions of law and recommendations, and cause them to be included in a supplemental clerk's record; (3) cause the hearing proceedings, if any, to be transcribed and included in a supplemental reporter's record; (4) cause the records of the proceedings to be sent to this court; and (5) make and enter any orders appropriate to clarify appellant's status as indigent or non-indigent, and the status of appellant's appointed counsel.
In the absence of a request for extension of time from the trial court, the supplemental clerk's record, supplemental reporter's record, and any additional proceeding records, including any orders, findings, conclusions and recommendations, are to be sent so as to be received by the clerk of this court not later than July 28, 2004.
Per Curiam
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