Opinion
No. 04-18-00614-CV
12-18-2019
Dennis BUXTON and Son Chu Buxton, Appellants v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-CI-20679
Honorable Rosie Alvarado, Judge Presiding
ORDER
On March 4, 2019, this court abated this appeal because it determined the supreme court's resolution of Oscar Ortiz v. State Farm Lloyds, Cause Number 17-1048, may impact it. On October 21, 2019, appellants filed a Motion to Reinstate Appeal, asking this court to reinstate this appeal because the supreme court issued its opinion in Ortiz and Barbara Technologies Corp. v. State Farm Lloyds, Cause Number 17-0640, on June 28, 2019. On October 28, 2019, appellee filed a Response in Opposition Appellants' Motion to Reinstate Appeal, arguing this appeal should not be reinstated because motions for rehearing were currently pending in Ortiz and Barbara Technologies. In its response, appellee also asked this court to issue a supplemental briefing schedule to allow the parties to address the impact of both opinions. On December 13, 2019, the Texas Supreme Court denied rehearing in Ortiz and Barbara Technologies.
After consideration, we GRANT appellants' Motion to Reinstate Appeal and ORDER the abatement lifted and appellate deadlines reinstated. We further ORDER appellants to file a supplemental brief, if any, in this court by January 17, 2019, addressing the impact of Ortiz and Barbara Technologies. If appellants decide not to file a supplemental brief, they are ORDERED to notify this court of such fact in writing by December 30, 2019. Appellee may then file a supplemental brief no later than thirty days after appellants' filing.
It is so ORDERED on this 18th day of December, 2019.
PER CURIAM
ATTESTED TO: /s/_________
MICHAEL A. CRUZ,
Clerk of Court