Filed: Aug. 18, 2016
Latest Update: Aug. 18, 2016
Summary: ORDER OF ABATEMENT EVELYN V. KEYES , Judge . On December 23, 2015, the appellants, Juan Lorenzo Gonzalez and Malissa Moore, Individually and as next friend of J.G., J.G., J.G. and A.G., Minors, filed a notice of appeal from the order granting the appellee's motion for summary judgment, signed by the trial court on November 25, 2015, in this personal injury action. See TEX. R. APP. P. 26.1(a)(1). On August 10, 2016, appellants and appellee, Regulatory Consultants, Inc. ("RCI"), filed this
Summary: ORDER OF ABATEMENT EVELYN V. KEYES , Judge . On December 23, 2015, the appellants, Juan Lorenzo Gonzalez and Malissa Moore, Individually and as next friend of J.G., J.G., J.G. and A.G., Minors, filed a notice of appeal from the order granting the appellee's motion for summary judgment, signed by the trial court on November 25, 2015, in this personal injury action. See TEX. R. APP. P. 26.1(a)(1). On August 10, 2016, appellants and appellee, Regulatory Consultants, Inc. ("RCI"), filed this a..
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ORDER OF ABATEMENT
EVELYN V. KEYES, Judge.
On December 23, 2015, the appellants, Juan Lorenzo Gonzalez and Malissa Moore, Individually and as next friend of J.G., J.G., J.G. and A.G., Minors, filed a notice of appeal from the order granting the appellee's motion for summary judgment, signed by the trial court on November 25, 2015, in this personal injury action. See TEX. R. APP. P. 26.1(a)(1). On August 10, 2016, appellants and appellee, Regulatory Consultants, Inc. ("RCI"), filed this agreed motion to abate this appeal for settlement. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2), 42.1(a)(2)(C). Appellants state that, because they have recently settled their claims against one of the two defendants remaining in the underlying proceeding, they plan on moving to dismiss this appeal against appellee RCI in this Court following a minor settlement hearing to be scheduled by the trial court. Thus, the parties jointly request abatement of this appeal for thirty days to permit proceeding in the trial court to effectuate the parties' settlement agreement. See id. 42.1(a)(2)(C).
Accordingly, the Court grants the agreed motion and abates the appeal and remands the case to the trial court for further proceedings. See TEX. R. APP. P. 42.1(a)(2)(C). This appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket thirty days after the date of this order, unless either party files a motion to extend the abatement or to reinstate this appeal with the Clerk of this Court.
It is so ORDERED.