Opinion
No. 04-15-00729-CV
01-27-2016
BFI WASTE SERVICES OF TEXAS, LP d/b/a Allied Waste Services of Rio Grande Valley, Appellants v. CITY OF RIO GRANDE CITY, TEXAS, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in their Official Capacities, Appellees
From the 229th Judicial District Court, Starr County, Texas
Trial Court No. DC-15-604
Honorable Migdalia Lopez, Judge Presiding
ORDER
This is an accelerated appeal of the trial court's November 10, 2015 order granting a temporary injunction. Appellants' brief is due on January 27, 2016.
On January 25, 2016, Appellants moved this court to abate the appeal for sixty days or, alternatively, extend by thirty days the deadline to file their opening brief. Appellants argue the trial court's November 10, 2015 order is defective because it failed to set the cause for trial on the merits. See TEX. R. CIV. P. 683. Appellants included in their motion a copy of Appellee's January 22, 2016 first amended petition; the petition seeks a temporary injunction that includes a trial date setting. Appellants request this court abate the appeal to give the trial court time to rule on Appellee's application for a temporary injunction, to allow Appellants to file supplemental records based on the trial court's rulings, to avoid briefing matters that may become moot, and to conserve judicial resources.
Appellants' motion to abate this appeal is GRANTED. The appellate timetable is suspended until March 28, 2016, or further order of this court.
We ORDER Appellants to file in this court not later than March 28, 2016, (1) a motion to dismiss the appeal or (2) a motion to reinstate the appeal on the court's docket so the appeal may proceed.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court