Nathaniel Shelton and Marcia Shelton v. Alfred Kalbow, as Trustee of Alfred Martial Trust ( 2014 )

Motion to Reinstate Granted; Motion to Dismiss Denied; Order filed
December 11, 2014
In The
Fourteenth Court of Appeals
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NO. 14-14-00710-CV
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NATHANIEL SHELTON AND MARCIA SHELTON, Appellants
V.
ALFRED KALBOW, AS TRUSTEE OF ALFRED MARTIAL TRUST, ET
AL, Appellees
On Appeal from the 335th District Court
Washington County, Texas
Trial Court Cause No. 35589
ORDER
This is an appeal from a judgment signed July 29, 2014. Appellee Alfred
Kalbow, trustee of the Alfred Kalbow Marital Trust, filed a motion to dismiss for
want of jurisdiction. On October 23, 2014, this court abated the appeal and
remanded to the trial court for clarification of whether the partial summary
judgment became final when the severance order was signed. On November 7,
2014, the trial court signed an amended judgment in which the court specifically
found the judgment is not final because the attorney’s fees claims have not been
adjudicated. See McNally v. Guevara, 52 S.W.3d 195, 196 (Tex. 2001) (judgment
that did not dispose of attorney’s fees was not an appealable judgment).
On November 21, 2014, the trial court signed a final judgment disposing of
attorney’s fees. Appellants filed a motion to reinstate the appeal because a final
judgment has now been signed. The motion is granted, and the appeal is reinstated.
Appellee’s motion to dismiss is denied. Appellant’s brief is due on or before
January 12, 2015.
PER CURIAM