Fourth Court of Appeals San Antonio, Texas May 16, 2016 No. 04-16-00200-CV V. Keith DULLYE, Managing Member of Maxon Enterprises, LLC, Appellant v. GUME TRANSPORT & STORAGE, INC., Appellee From the 111th Judicial District Court, Webb County, Texas Trial Court No. 2014-CVF-001744 D2 Honorable Monica Z. Notzon, Judge Presiding

ORDER V. Keith Dullye, Managing Member of Maxon Enterprises, LLC filed a notice stating his desire to appeal the trial court’s judgment signed January 7, 2016. Dullye timely filed a motion for new trial, which was overruled by operation of law on March 22, 2016. See TEX. R. CIV. P. 329b(c). However, on April 12, 2016, the trial court signed a written order that granted a new trial on the issue of attorney’s fees and vacated the attorney’s fee award in the judgment. The April 12 order was signed while the trial court had plenary power to grant a new trial or to vacate, modify, correct, or reform the judgment. See TEX. R. CIV. P. 329b(e).

Because the trial court’s January 7, 2016, judgment has been partially vacated and the issue of attorney’s fees remains pending in the trial court, there is no longer a final appealable judgment. We therefore order Dullye to file a response by May 31, 2016, showing why this appeal should not be dismissed for want of jurisdiction. If Dullye fails to satisfactorily respond within the time provided, the appeal will be dismissed. See Tex. R. App. P. 42.3(c). If a supplemental clerk’s record is required to show this court’s jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made.

All deadlines in this matter are suspended until further order of the court. _________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of May, 2016.

___________________________________ Keith E. Hottle Clerk of Court