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Hodo v. State

If an appellate court is uncertain about the intent of an order to finally dispose of all claims, it can abate the appeal to permit clarification by the trial court. Because the trial court has not entered an appealable order either granting or denying a motion to confirm, modify, correct or rescind the prior withdrawal notification, appellant's notices of appeal are premature. Amarillo Court of Appeals, Nos. 07-10-00120-CV & 07-10-00121-CV, 06-21-2010

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

OPINION ON ABATEMENT

On March 23, 2010, in each referenced cause, pursuant to section 501.014(e) of the Texas Government Code, the trial court signed and entered an Order to Withdraw Inmate Funds.*fn1 By the withdrawal notifications entered in each cause, the trial court directed the Texas Department of Criminal Justice, Institutional Division, to withhold from Hodo’s inmate trust account the following amounts: (1) $1,586.50 in cause number 18700-A; and (2) $486.50 in cause number 18765-A. Hodo filed pro se notices of appeal on April 6, 2010, challenging the withdrawal notifications. While both of the judgments upon which the withdrawal notifications were based include an order that the State recover “all court costs,” the judgments do not assess these costs.

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