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Hallmark Marketing Company, LLC v. Susan Combs, Comptroller of Public Accounts of the State of Texas And Greg Abbott, Attorney General of the State of Texas
Citation: Not availableDocket: 13-14-00093-CV
Court: Court of Appeals of Texas; August 6, 2014; Texas; State Appellate Court
Original Court Document: View Document
Hallmark Marketing Company, LLC, appealed a December 4, 2013 order from the 126th District Court of Travis County, Texas, which granted a partial summary judgment in favor of Susan Combs, the Comptroller of Public Accounts, and Greg Abbott, the Attorney General of Texas. The court noted that appeals are typically only permitted from final judgments unless authorized by statute. A judgment is not considered final unless it disposes of all claims and parties or explicitly states that it is final. In this case, the order did not meet those criteria as it only granted partial summary judgment and did not indicate a final disposition of all claims and parties. Additionally, there was no statutory authorization for an interlocutory appeal. Consequently, the court decided to abate the appeal and remand the matter to the trial court for clarification regarding the intent of the December order. The trial court is instructed to provide findings and recommendations, along with any orders, to be included in a supplemental clerk’s record. A supplemental reporter's record may also be prepared, and both records must be filed within thirty days. The appeal will be reinstated upon receipt of these materials and further order from the court.