Opinion
04-20-00600-CV
12-20-2023
IN THE MATTER OF THE GUARDIANSHIP OF Carlos BENAVIDES, Jr., An Incapacitated Person
From the County Court At Law No 1, Webb County, Texas Trial Court No. 2011PB6000081-L2-B Honorable Hugo Martinez, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Lori I. Valenzuela, Justice
ORDER
PER CURIAM
This is an appeal from the trial court's September 16, 2020 order entitled, "Order on Guardian's Petition to Recover Guardianship Property." This appeal was formally submitted on October 12, 2021.
On December 3, 2021, appellant filed a motion asking this court to abate this appeal pending a decision in Appellate Cause No. 04-20-00599-CV, which is an appeal from the parties' final divorce decree. Appellant argued that the instant appeal may depend in part on the outcome of the divorce appeal. Appellee filed a response opposing the motion to abate.
After considering the motion, the response, and the briefs presented in both appeals, we granted the motion to abate and withdrew the submission date in the instant appeal pending disposition of the divorce appeal.
This court issued its opinion and judgment in Appellate Cause No. 04-20-0599-CV on February 8, 2023, and denied the appellant's motion for en banc reconsideration in that appeal on May 10, 2023.
On June 23, 2023, we reinstated this appeal on this court's docket and set this appeal for formal submission.
On July 26, 2023, in the Supreme Court of Texas, appellant filed a petition for review of this court's decision in Appellate Cause No. 04-20-00599-CV, which that court docketed as Texas Supreme Court Cause No. 23-0463.
On July 31, 2023, appellant filed an opposed motion asking this court to abate this appeal again pending disposition of appellant's petition for review in Texas Supreme Court Cause No. 23-0463. Appellee did not file a response to the motion.
After careful consideration, we are of the opinion that the motion to abate this appeal should be granted. Appellant's opposed motion to abate this appeal is GRANTED. The court's July 14, 2023 submission date is WITHDRAWN, and this appeal is ABATED pending further order of this court.
It is further ORDERED that appellant file an advisory informing this court of the status of Texas Supreme Court Cause No. 23-0463 within fifteen (15) days of disposition of appellant's petition for discretionary review.
It is so ORDERED.