Bradley Smith v. Lorena Smith ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00608-CV
Bradley Smith, Appellant
v.
Lorena Smith, Appellee
FROM THE 459TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-FM-20-007149, THE HONORABLE J. ANDREW HATHCOCK, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Bradley Smith has filed a notice of appeal of the trial court’s oral rendition of a
divorce dissolving his marriage to Lorena Smith. However, Bradley’s notice of appeal is
premature because the trial court has not yet signed a divorce decree, see Tex. R. App. P. 26.1,
27.1(a), and this Court requested that Bradley provide authority as to how this Court may
exercise jurisdiction over his appeal in the absence of a signed final judgment. See Lehmann v.
Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (providing general rule that appeal may be
taken only from final judgment); see Tex. R. App. P. 26.1 (providing timetable for perfection of
appeal based on date judgment is signed). Bradley has filed a response requesting that this Court
abate this appeal until the trial court signs the divorce decree and rules on his pending motion for
new trial, either expressly or by operation of law.
This Court grants Bradley’s motion to abate this appeal. The appeal is abated
until further order of this Court. The trial court shall file a supplemental clerk’s record with this
Court within thirty days of its losing plenary power of this cause. The supplemental record
should include the signed final divorce decree and the trial court’s ruling, if any, on Bradley’s
motion for new trial. The parties shall file with this Court a status update of the trial court’s
proceedings within sixty days of this order.
It is so ordered on April 27, 2022.
Before Justices Goodwin, Baker, and Triana
Abated and Remanded
Filed: April 27, 2022
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