Bryan A. Stempowski v. Reach Construction Group, LLC

Order entered September 26, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00690-CV
BRYAN A. STEMPOWSKI, Appellant
V.
REACH CONSTRUCTION GROUP, LLC, Appellee
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-21-01624
ORDER
Appellant appeals from the trial court’s June 16, 2022 judgment. Although
the judgment recites that it disposes of all parties and claims, it specifically
reserved the amount of appellee’s attorney’s fees for later determination. A final
judgment is one that disposes of all parties and claims. See Lehmann v. Har–Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because of that pending claim for
attorney’s fees, the parties have filed a joint motion for stay and brief in support
thereof. The parties ask that we stay the appeal pending the trial court’s resolution
of the attorney’s fees issue. We GRANT the motion as follows. The parties shall
have THIRTY DAYS from the date of this order to obtain an order from the trial
court on the issue of attorney’s fees. We ORDER Dallas County District Clerk
Felicia Pitre to file, WITHIN THIRTY-FIVE DAYS of the date of this order, a
supplemental clerk’s record containing any order awarding attorney’s fees or
written verification that no such order has been signed.
Also before the Court are appellee’s August 31, 2022 motion to dismiss the
appeal for want of jurisdiction and brief in support. In light of the parties’ joint
motion to stay, we DENY the motion as moot.
We DIRECT the Clerk of this Court to send a copy of this order to the
Honorable Bridgett Whitmore, Presiding Judge of the 193rd Judicial District
Court; Ms. Pitre; and, all parties.
We ABATE this appeal. It will be reinstated in forty days of the date of this
order or when the requested supplemental clerk’s record is filed, whichever occurs
sooner.
/s/ BILL PEDERSEN, III
JUSTICE