NUMBER 13-19-00366-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

MCALLEN HOSPITALS, L.P.;

MCALLEN HOSPITALS, L.P. 

D/B/A MCALLEN MEDICAL 

CENTER; MCALLEN MEDICAL 

CENTER; MCALLEN HOSPITALS, 

L.P. D/B/A SOUTH TEXAS 

HEALTH SYSTEM; AND SOUTH 

TEXAS HEALTH SYSTEM, Appellants,

v.

ELOY SEPULVEDA, Appellee.

On appeal from the 389th District Court

of Hidalgo County, Texas.

ORDER OF ABATEMENT

Before Chief Justice Contreras and Justices Longoria and Perkes

Order Per Curiam
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Before us is a motion to abate for clarification of jurisdiction filed by appellants 

McAllen Hospitals, L.P.; McAllen Hospitals, L.P. d/b/a McAllen Medical Center; McAllen 

Medical Center; McAllen Hospitals, L.P. d/b/a South Texas Health System; and South 

Texas Health System. Appellants contend that the trial court entered a final and 

appealable order awarding guardian ad litem fees, however, since entering that order, the 

trial court has continued to issue orders in this matter, calling into question whether the 

trial court maintains jurisdiction. Appellants argue that the order was final and appealable 

because of the language therein, which stated: “IT IS FURTHER ORDERED that this is 

a final and appealable order.” See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 

2001) (order or judgment "is not final for purposes of appeal unless it actually disposes of 

every pending claim and party or unless it clearly and unequivocally states that it finally 

disposes of all claims and all parties"). 

The record before the Court fails to illustrate that all claims asserted by or against 

all parties have been disposed. Since entering the order awarding guardian ad litem fees, 

appellants filed their appeal and the trial court has continued to enter orders in the 

underlying matter, rendering uncertainty as to the finality of the order now on appeal 

before this Court. Under these circumstances, we may abate the appeal to permit 

clarification by the trial court. See Lehmann, 39 S.W.3d at 206 (stating 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); see TEX. R. APP. P. 27.2, 44.3, 44.4; see also Tex. Political 

Subdivision v. Pharr San Juan Alamo Indep. Sch. Dist, No. 13-13-00691-CV, 2015 WL 
3

4141217, at *3 (Tex. App.—Corpus Christi–Edinburg July 9, 2015, no pet.) (mem. op.) 

(stating “Texas Rule of Appellate Procedure 27.2 and Lehmann authorize appellate courts 

to abate the appeal and remand the case to the trial court for modification of the order or 

clarification of the trial court’s intent to enter a final judgment. However, this procedure is 

available only if we are uncertain whether the trial court intended to enter a final 

judgment.”); Evanston Ins. Co. v. D & L Masonry of Lubbock, Inc., No. 07-10-00253-CV, 

2010 WL 3190660 (Tex. App.—Amarillo Aug. 12, 2010, no pet.) (mem. op.) (stating that 

“[w]e are aware that Texas Rule of Appellate Procedure 27.2 and Lehmann authorize 

appellate courts to abate the appeal and remand the case to the trial court for modification 

of the order or clarification of the trial court’s intent to enter a final judgment. However, 

such procedure is available only when the appellate court is ‘uncertain’ whether the trial 

court intended to enter a final judgment.”); Lopez v. Guadalupe County Bail Bond Bd., 

No. 07-19-00020-CV, 2019 WL 3137408, at *2 (Tex. App.—Amarillo July 15, 2019, no 

pet. h.)

Accordingly, we ABATE the appeal and REMAND the cause to the trial court for 

clarification. Upon remand, the trial court shall address whether it intended the judgment 

to completely dispose of all claims and all parties. The trial court shall cause its findings 

and recommendations, together with any orders it may enter regarding the 

aforementioned issues, to be included in a supplemental clerk’s record. Furthermore, the 

trial court shall cause a supplemental reporter’s record of any proceedings to be prepared. 

The supplemental clerk’s record and supplemental reporter’s record, if any, shall be filed 

with the Clerk of this Court on or before the expiration of thirty days from the date of this 
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order. This appeal will be reinstated upon receipt of the foregoing materials and upon 

further order of this Court.

It is so ORDERED.

PER CURIAM

Delivered and filed the 

28th day of January, 2020.