Opinion
01-23-00660-CV
05-23-2024
Axis Energy Marketing, LLC v. Apricus Enterprises, LLC
190th District Court of Harris County Trial court case number: 2023-47355
ORDER
Richard Hightower, Judge
On April 23, 2024, the Court issued an opinion in the related mandamus proceeding. See In re Axis Energy Marketing, LLC, No. 01-23-00906-CV, 2024 WL 1723972 (Tex. App.- Houston [1st Dist] April 23, 2024, orig. proceeding) (mem. op.). The Court conditionally granted the mandamus petition and ordered the trial court to vacate the portion of the August 23, 2023 order denying Axis's plea in abatement, and to grant the plea in abatement. See id. at *8.
On May 20, 2024, appellant Axis Energy Marketing, LLC filed a letter in the related appeal, styled Axis Energy Marketing LLC v. Apricus Enterprises, LLC, No. 01-23-00660-CV, asserting that, based on authority cited, any actions taken by a court or the parties after a case is abated are considered a nullity. Thus, Axis argued that this Court should summarily reverse the temporary injunction order at issue in this appeal.
The Court directs appellee Apricus Enterprises, LLC to file within 10 days from the date of this order a response to Axis's letter and its argument concerning disposition of the appeal.
It is so ORDERED.