COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Allied Collision Center Inc. v. Ewemade Ozigbo

Appellate case number: 01-15-01015-CV

Trial court case number: 2014-37834

Trial court: 215th District Court of Harris County

Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con 

Corp., 39 S.W.3d 191, 195 (Tex. 2001). A judgment is final for purposes of appeal if it disposes 

of all pending parties and claims in the record, except as may be necessary to carry out the 

decree. Id. One reason why an order may not constitute a final judgment for these purposes is if 

it fails to resolve a request for attorney’s fees. E.g., Farm Bureau Cty. Mut. Ins. Co. v. Rogers, 

455 S.W.3d 161, 162 (Tex. 2015) (per curiam). 

The parties to this appeal contend that the trial judge entered final judgment by means of 

a document entitled “Findings of Fact and Conclusions of Law.” Findings of fact should not be 

recited in a judgment; they should be filed with the clerk of the court as a document or 

documents separate and apart from the judgment. TEX. R. CIV. P. 299a. The presence of fact 

findings does not necessarily mean the document is not a final judgment. 

The final section of this document states:

III. JUDGMENT ORDERED

Judgment shall be entered against Defendant, in favor of Plaintiff, for 

damages, multiple damages, attorney’s fees, and costs in the amount of SevenThousand-Nine Hundred-Two and 99/100 Dollars ($7,902.99) calculated as 

follows:

1. $2,634.23 in actual damages;

2. $5,268.46 in multiple damages pursuant to the Texas Deceptive 

Trade Practices Act; and

3. Costs and attorney’s fees as allowed by law.
The parties agree this is a final judgment, but that is inconsistent with their appellate 

arguments about attorney’s fees. Appellant argues for a reversal of the fees award. Since the 

purported final judgment makes no award of a specific non-zero amount of fees, the fact that 

appellant challenged the fee award suggests that appellant anticipates some further order 

awarding “Costs and attorney’s fees as allowed by law” referenced in the order. Likewise, 

appellee contends that she was awarded attorney’s fees, but the amount has not yet been 

determined. The trial court’s order could be read as awarding zero attorney’s fees, but the parties 

apparently do not read it that way, instead arguing based on an implied assumption that the order 

is not final as to the issue of attorney’s fees.

If the appellate court is uncertain about the finality of a purported judgment, it can abate

the appeal to permit clarification by the trial court. Lehmann, 39 S.W.3d at 206 (citing TEX. R.

APP. P. 27.2).

Accordingly, this appeal is abated and removed from this Court’s active docket to permit 

the trial court to clarify its order. See Lehmann, 39 S.W.3d at 191. The order may be modified so 

as to be made final. See TEX. R. APP. P. 27.2. Any such modified order and all proceedings 

related to it may be included in a supplemental record. Id. If no such record is filed within 60 

days of the date of this order, the parties shall file a status report with the clerk of this court. 

The appeal is abated, treated as a closed case, and removed from this Court’s active 

docket. The appeal will be reinstated on this Court’s active docket when a supplemental clerk’s 

record containing the trial court’s ruling is filed in this Court.

It is so ORDERED.

Judge’s signature: /s/ Michael Massengale

Acting for the Court

Panel consists of Justices Massengale, Brown, and Huddle

Date: December 23, 2016