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CUELLAR v. DUMAS INDEPENDENT SCHOOL DISTRICT, 07-18-00268-CV. (2018)

Court: Court of Appeals of Texas Number: intxco20180829606 Visitors: 4
Filed: Aug. 28, 2018
Latest Update: Aug. 28, 2018
Summary: ORDER OF ABATEMENT AND REMAND PER CURIAM . Appellants, Miguel Cuellar and Carmen Cuellar, appeal from the trial court's Final Judgment. The Final Judgment was signed by the trial court but does not show the date of signing. See TEX. R. CIV. P. 306a(2). Without this date, we are unable to determine whether appellants' notice of appeal was timely filed. See TEX. R. APP. P. 26.1. Accordingly, we now abate this appeal and remand the cause to the trial court for entry of a judgment nunc
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ORDER OF ABATEMENT AND REMAND

Appellants, Miguel Cuellar and Carmen Cuellar, appeal from the trial court's Final Judgment. The Final Judgment was signed by the trial court but does not show the date of signing. See TEX. R. CIV. P. 306a(2). Without this date, we are unable to determine whether appellants' notice of appeal was timely filed. See TEX. R. APP. P. 26.1.

Accordingly, we now abate this appeal and remand the cause to the trial court for entry of a judgment nunc pro tunc reflecting the date the trial court signed the Final Judgment. The trial court shall cause the judgment nunc pro tunc to be included in a supplemental clerk's record and cause that supplemental record to be filed with the Clerk of this Court no later than September 11, 2018.

It is so ordered.

Source:  Leagle

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