Opinion
No. 03-08-00616-CV
Filed: December 23, 2008.
Appealed from the District Court of Travis County, 126th Judicial District No. D-1-GN-05-003660, Honorable Darlene Byrne, Judge Presiding.
Abated
Before Chief Justice LAW, Justices PEMBERTON and WALDROP.
MEMORANDUM OPINION
Appellants have filed an unopposed motion asking this Court to abate the appeal and stating that the trial court has dismissed the underlying suit filed by appellees. Appellants ask that the cause be abated rather than dismissed until the time has passed for appellees to file a motion to reinstate and the trial court loses plenary power.
We grant the motion and abate the appeal for sixty days. Appellants are ordered to file a report in this Court no later than February 25, 2009, explaining the status of the underlying case and, if appropriate, moving to dismiss the cause.