Opinion
05-20-00191-CV
10-05-2022
FIELDALE FARMS CORPORATION AND OZARK MOUNTAINPOULTRY, INC., Appellants v. SOMMA FOOD GROUP, LLC AND HOUSE OF RAEFORD FARMS, INC.,Appellees
On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-00698
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
We REINSTATE this appeal which we abated pending completion of a bill of review proceeding seeking to have set aside the judgment that is the subject of this appeal. Before the Court is appellee House of Raeford Farms, Inc.'s September 22, 2022 second motion for a 180-day abatement of the appeal. Appellee explains the bill of review proceeding remains pending and that a hearing on a motion to set aside final judgment and set new trial is scheduled for October 6, 2022 and a non-jury trial is scheduled for November 15, 2022.
We note this appeal was filed February 10, 2020, was set for oral argument on December 8, 2021, and was removed on November 30, 2021 from the December 8 docket for 120 days as a result of the bill of review being filed. Other than a brief reinstatement to consider the first motion for a 180-day abatement, the appeal has been abated since November 30.
Given the almost-one-year abatement, we GRANT the motion to the extent we ABATE the appeal until December 5, 2022. We caution the parties that further requests for abatement will be disfavored and the Court may set the appeal for submission upon reinstatement.