Arlene Bunch and Rick Toledo as Conservator for Darlene Toledo Magner v. Darrell W. Goen and Alice C. Goen, Trustees of the Goen Family Trust Dated April 13, 2006; Robert C. Dean and Teresa K. Dean, Trustees of the Dean Family Trust Dated September 6, 2006; Chester A. Hipple and Cynthia A. Hipple, as TTEE U/D/T 1/23/07; and Delbert M. Goen, Trustee of the Delbert M. Goen Living Trust Dated August 16, 2006; Each as to Undivided 25% Interest

Summary

The Texas Court of Appeals for the Third District abated the appeal for thirty days after determining that the trial court’s judgment was not final and directing that a supplemental clerk’s record be filed. The court also ordered Rick Toledo, or any other party seeking to continue the appeal, to explain the court’s jurisdiction and why filings made by Toledo on behalf of Darlene Toledo Magner should not be stricken because he did not appear to be an attorney or a party.

Holdings

1. When the record shows that the trial-court judgment is not final and appealable, the court of appeals may abate the appeal to permit the trial court to render a final judgment rather than immediately dismissing the appeal.
2. A nonattorney may not represent another party in an appeal, and a notice of appeal filed by a nonattorney on behalf of that party is ineffective to perfect the party's appeal.

Questions Presented

1. Whether the appeal should be abated to allow the trial court to render or supply a final judgment when the existing judgment is not final and appealable.
2. Whether a nonattorney who is not a party may file appellate documents on behalf of another party.
3. Whether the court should require a response explaining the basis for appellate jurisdiction and why the appellants' filings should not be struck.

Disposition

abated