in the Estate of Mario Gonzalez Lira

NUMBER 13-12-00199-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
GRADY DOWELL, Appellant,
v.
GRACIE QUIROZ, AS ADMINISTRATRIX
OF THE ESTATE OF
MARIO GONZALEZ LIRA, NOE GONZALES,
MARIA ANGELA LIRA, MARILYN GUTIERREZ,
ANNETTE GUTIERREZ, NANCY GUTIERREZ
AND DAVID GUTIERREZ, Appellees.
NUMBER 13-12-00583-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN THE ESTATE OF MARIO GONZALEZ LIRA
On appeal from the County Court at Law No. 2
of Cameron County, Texas.
ORDER ABATING APPEALS
Before Justices Rodriguez, Garza, and Perkes
Order Per Curiam
Pending before the Court in each of the foregoing causes is
appellant/appellee Grady Dowell’s “Unopposed Motion to Clarify Order
Abating Appeal and to Abate Appeal.” We hereby grant the motion in each
cause. Accordingly, this Court’s January 10, 2014 “Order Abating Appeal”
issued in cause number 13-12-00583-CV is hereby withdrawn as
improvidently granted due to a clerical error.
After due consideration of the pleadings on file in these appeals, this
Court has determined that additional briefing is necessary in both matters.
The Court therefore requests supplemental briefing from the parties in each
cause which shall be limited solely to the issue of the trial court’s
subject-matter jurisdiction to enter the judgment against Grady Dowell that is
appealed in cause number 13-12-00199-CV and that is subject to the
turnover dispute in cause number 13-12-00583-CV. See TEX. R. APP. P.
38.7 (“A brief may be amended or supplemented whenever justice requires,
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on whatever terms the court may prescribe.”); see also e.g., Jansen v.
Fitzpatrick, 14 S.W.3d 426, 432 (Tex. App.—Houston [14th Dist.] 2000, no
pet.) (discussing a trial court’s jurisdiction to determine heirship issues under
Texas law). In each cause, appellant’s supplemental brief shall be filed
within twenty days from the date of this order, and appellees’ supplemental
brief, if any, shall be filed within twenty days thereafter.
Given the procedural posture of these cases, cause 13-12-00583-CV
is hereby removed from this Court’s submission docket for January 28, 2014
and the Court will not hear oral argument in that cause on that date. Cause
13-12-00583-CV will be set for submission at a later time to be determined
after the supplemental briefing is filed in this Court.
Both appeals are hereby abated and removed from this Court’s active
docket until receipt of the requested briefing.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
22nd day of January, 2014.
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