D. L. J. v. M. D. S.

Summary

The Texas Court of Appeals, Third District, abated and remanded an appeal involving termination of parental rights and adoption because the trial court’s adoption order was ambiguous as to whether it disposed of the grandmother’s pending conservatorship claims. The court directed the trial court to clarify its intent by modifying or amending the order or taking other necessary action, and required supplemental records to be filed before the appeal would be reinstated.

Holdings

1. The adoption order was ambiguous as to finality because it did not state that it was final, disposed of all claims and parties, or was appealable, and it was silent regarding Grandmother's conservatorship claim.
2. The temporary-orders order did not dispose of Grandmother's conservatorship claim, even assuming it merged with the adoption order.
3. The appeal should be abated and remanded rather than dismissed so that the district court could clarify whether it intended the adoption order to be final.

Questions Presented

1. Whether the district court's adoption order was a final and appealable judgment when it did not expressly address Grandmother's pending conservatorship claim.
2. Whether the adoption order's Mother Hubbard clause, together with the final hearing and temporary-orders order, demonstrated that all parties and claims had been disposed of.
3. Whether the appropriate appellate disposition was dismissal or abatement and remand for clarification of the district court's intent.

Disposition

remanded