Keith Thomas v. Sherry Dickinson ( 2011 )

Order filed December 15, 2011

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-11-00244-CV

                                                    __________

                                      KEITH THOMAS, Appellant

                                                             V.

                           SHERRY DICKINSON ET AL., Appellees

                                   On Appeal from the 259th District Court

                                                             Jones County, Texas

                                                     Trial Court Cause No. 022488

                                                                     O R D E R

            On October 6, 2011, this court previously abated this appeal in order that the trial court could conduct a hearing to determine when Keith Thomas received notice of the trial court’s judgment.  See Tex. R. Civ. P. 306a; Tex. R. App. P. 4.2.  We have now received, directly from the trial court, a letter in which the trial court purports to adopt findings of fact and conclusions of law proposed by the attorney general.  However, there is no finding, conclusion, or order addressing our question regarding the date that Thomas first received notice or acquired actual knowledge of the signing of the judgment.  We again abate the appeal. 

The trial court is directed to conduct a hearing on or before January 20, 2012, regarding Thomas’s notice.  Should Thomas fail to file with the trial court a motion pursuant to Rule 306a and Rule 4.2, such finding shall be made by the trial court.  The clerk of the trial court is directed to prepare and forward to this court a supplemental clerk’s record containing any findings or orders of the trial court regarding Thomas’s notice of the judgment.  The court reporter is directed to prepare and forward to this court the reporter’s record from the hearing.  These records are due to be filed in this court on or before February 6, 2012. 

            The appeal is abated. 

                                                                                                PER CURIAM

December 15, 2011

Panel consists of:  Wright, C.J.,

McCall, J., and Kalenak, J.