Abatement Order filed June 25 , 2015.

In The 

## Fourteenth Court of Appeals

NO. 14

- 14

- 00518

- CV

PIROCHEM INTERNATION AL, L.L.C. , Appellant

V.

XEL L IA PHARMACEUTICALS A PS, F/K/A AXELLIA PHARMACEUTICALS, APS , Appellee

On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2013

- 36994

A B A T E M E N T O R D E R

This is an appeal from a judgment signed March 25, 2014. It appears from the record that the judgment may not be final. Although the judgment states that it is “final and appealable,” the trial court struck through the award of attorney’s fees and added the handwritten note, “No evidence of attorney’s fees was submitted.” Accordingly, t he trial court denied appellee summary judgment relief on attorney’ s fees, but it is unc lear whether the trial court intended to adjudicate the claim for2

attorney’s fees. See Wasserberg v. RES

- TX One, LLC , No. 14

- 13

- 00674

- CV, 2014 WL 6922545, at *4 (Tex. App.

— Houston [14th D ist.] Dec. 9, 2014, pet. filed ) (mem. op.) ( b y striking the award of attorney’s fees, the trial court “neither gran ted nor denied an award of fees,” merely denied summary judgment relief, and did not adjudicate the claim for attorney’s fees) ; see also Youngblood & Assocs, P.L.L.C.
v. Duhon , 57 S.W.3d 63 (Tex. App.

— Houston [14th Dist.] 2001, no pet.) (judgment not final even though it was labeled “final summary judgment,” included a Mother Hubbard clause, and awarded pre

- and post

- judgment interest, because the plaintiff moved on its claim for attorney’s fees and the judgmen t contained no award of attorney’s fees). The Texas Supreme Court has advised that if an appellate court is uncertain about the intent of an order to finally dispose of all claims and parties, it can abate the appeal to permit clarification by the trial co urt. See Lehmann v. Har

- Con Corp. , 39 S.W.3d 191, 206 (Tex. 2001). Texas Rule of Appellate Procedure 27.2 provides as follows: 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. Tex. R. App. P. 27.2. Accordingly, we order the case abated and remanded to the trial court for a period of thirty days so that (1) the trial court may clari fy whet her the summary judgment finally disposed of all claims and parties and (2) the parties may obtain
an order disposing of the claim against appellant , if necessary. A supplemental
clerk ’ s record containing the trial court ’ s clarifying order(s) shall be fil ed with the
clerk of this court on or before thirty days from the date of this order

. 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 the3

suppl emental clerk’s record is filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking
reinst atement to request a hearing date from the trial court and to schedule a hearing, if a hearing is required, in compliance with this court ’ s order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date a nd notify the parties of such date.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Boyce and McCally.