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Click here for the full text of this decision FACTS:United States Fire Insurance Co. and National Union Fire Insurance Co. of Pittsburgh, Pennsylvania jointly perfected an appeal which the clerk of this court docketed under cause number 10-03-00289-CV. National Union settled with the appellees, and these parties filed an agreed motion to dismiss under Texas Rule of Appellate Procedure 42.1(b). The parties to this agreed motion request that costs be taxed against the party incurring same. This court orders that portion of the appeal which seeks review of the judgment rendered against National Union severed from cause number 10-03-00289-CV and docketed under cause number 10-04-00075-CV. The appeal in cause number 10-04-00075-CV is dismissed with costs taxed against the party incurring same. The trial court’s judgment does not dispose of all the claims before that court because the judgment expressly omits the appellees’ claims for declaratory relief. Accordingly, the clerk of this court notified the parties that this appeal appears subject to dismissal for want of jurisdiction. In response, the appellees non-suited their claims for declaratory relief. However, the trial court has not signed an order dismissing the non-suited claims. HOLDING:Abated. Because the trial court has not signed an order dismissing appellees’ non-suited claims, the record does not contain a final, appealable judgment. Because there is no final judgment, United States Fire’s notice of appeal is premature. Texas Rule of Appellate Procedure 27.2 provides in pertinent part that an “appellate court may allow an appealed order that is not final to be modified so as to be made final and may allow the modified order and all proceedings relating to it to be included in a supplemental record.” The Texas Supreme Court has indicated that abatement is the proper procedural mechanism by which to accomplish this. It appears that the trial court intended to render a final judgment in this case. However, the record does not contain a final judgment. The court abates this cause to the trial court for further consideration of this matter. If the court intended to render a final judgment, then it should enter an appropriate order to effectuate its intent. OPINION:Per curiam; Gray, Vance and Reyna, JJ. DISSENT: Gray, J. “Here we go again, as I knew we would in Harrison. See Harrison v. TDCJ-ID, No. 10-02-00247-CV (Tex. App. � Waco March 24, 2004, order). “Until we have jurisdiction of an appeal, unless we are entering an order for the purposes of assisting us in determining our jurisdiction, any order we render is void. Thus, the severance order is void. Likewise, our orders to the trial court and to the trial court clerk are void. “I will not repeat here what the proper procedure is when we have been able to fully determine our lack of jurisdiction based upon the record before us. I have exhaustively discussed that in the dissenting opinion in Harrison. Harrison v. TDCJ-ID, No. 10-02-00247-CV (Tex. App. � Waco March 24, 2004, order)(Gray, C.J., dissenting). But until the precedential value of that opinion is determined, I must continue to note my dissent. I will note that we put these parties in a state of uncertainty by following this procedure, especially since we attempt to split their case into two parts when they apparently have attempted to settle it as one. “But I also write to stress the confusion that is created by the Court’s failure to follow its own precedent. Before the ink is dry on one opinion, we render a totally contradictory opinion. See Elias v. Woods, No. 10-03-00245-CV (Tex. App. � Waco March 17, 2004, no pet. h.).”

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