Steven Benedict and Rayma Benedict v. Tonya Hill and Charles Edward Hill, Jr.

Summary

The Texas Court of Appeals, Third District, abates and remands the appeal to permit the trial court to clarify whether its order granting a plea to the jurisdiction was intended to be final and appealable. The trial court’s order dismissed the Benedicts’ petition to modify the parent-child relationship but did not expressly resolve Tonya Hill’s request for attorney’s fees, creating uncertainty about finality and appellate jurisdiction. The appellate court directs that supplemental records be filed by May 5, 2026, after which the appeal will be reinstated.

Holdings

1. The order was ambiguous as to finality and did not meet either recognized test for finality because it neither actually disposed of all claims and parties nor stated with unmistakable clarity that it was final as to all claims and parties.
2. When the finality of an appealed order is ambiguous, the appellate court may abate the appeal and remand for the trial court to clarify its intent.

Questions Presented

1. Whether the trial court's April 29, 2024 order was final and appealable when it dismissed the Benedicts' claims but expressly did not rule on Hill's request for attorney's fees.
2. Whether the appellate court should abate and remand the appeal to permit the trial court to clarify whether its order was intended to be final.

Disposition

remanded