In the Interest of B.B.J. v. << (2016)

ORDER ON ABATEMENT AND REMAND

Pending before the court is an appeal from a “final judgment” granting a bill of review.  The trial court cause number assigned to the petition for bill of review and the final order at bar is No.2013–508,395.  In granting the bill of review, the trial court vacated the order of termination and ordered a new trial in Cause No.2013–506,729.  Authority indicates that an order granting a bill of review is reviewed via 1) a petition for writ of mandamus, In re Spiller, 303 S.W.3d 426 (Tex.App.—Waco 2010, no pet.) and cases cited therein, or 2) an appeal from a final order entered in the underlying cause, that is, the cause wherein the previous judgment was voided.  Id. The notice of appeal at bar was filed in Cause No.2013–508,395 though the” underlying cause” was No.2013–506,729.  Furthermore, the record before us fails to disclose whether a final order disposing of all claims was filed in Cause No.2013–506,729, though the “final judgment” mentioned a non-suit in Cause No.2013–506,729 that may or may not have rendered that proceeding over and final.

We are permitted to abate and remand a cause to have the trial court determine whether the order appealed from is final.  Lehman v. Har–Con Corp., 39 S.W.3d 191, 206 (Tex.2001).  We do that here.  This appeal is abated and the cause is remanded to the trial court to determine 1) whether the final judgment entered in Cause No.2013–508,395 purports to finally dispose of all claims and parties in Cause No.2013–506,729 and, if not, 2) whether a final order or judgment has been entered in Cause No.2013–506,729 that disposes of all claims and parties in that proceeding, and if not, 3) the claims that necessitate finalization in Cause No.2013–506,729.  The trial court is directed to enter those findings of fact and conclusions of law necessary to answer the aforementioned questions and cause those findings and conclusions to be filed with the clerk of this court on or before March 11, 2016.  It too is ordered to 1) convene such hearings as it deems necessary to comply with this order and 2), if Cause No.2013–506,729 is final, execute all orders or decrees necessary to manifest the finality of the cause.  Should further time be needed by the trial court to comply with this order, it must request it before March 11, 2016.

Per Curiam