Opinion
No. 04-18-00157-CV
05-08-2018
CITY OF SAN ANTONIO, Appellant v. 100 CENTURY OAKS, LTD., Appellee
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CI17872
Honorable Cathleen M. Stryker, Judge Presiding
ORDER
This is an accelerated appeal. The notice of appeal in this case was filed in this court on March 14, 2018. The clerk's and reporter's records have been filed. Appellant's brief was due April 30, 2018, but has not been filed. On May 4, 2018, appellant filed an unopposed motion to abate the appeal to allow the parties "to conclude [their] tentative settlement." Appellant states the parties have reached a tentative agreement to settle the underlying litigation, including the dispute giving rise to this appeal. Appellant advises the parties are currently working to prepare and execute all relevant settlement documents. Accordingly, appellant asks that we abate this appeal for sixty days to permit the parties to conclude the settlement process.
After review, we GRANT the motion to abate and ORDER this appeal removed from the court's active docket and abated until July 3, 2018. We further ORDER appellant to file in this court, on or before July 3, 2018, a motion to dismiss the appeal or a motion to reinstate the appeal.
In addition to seeking an abatement, appellant also requested an extension of time in which to file its brief. Because we have granted the abatement, the brief is no longer due at this time. Accordingly, we DENY AS MOOT appellant's motion to extend time to file its brief.
We order the clerk of this court to serve a copy of this order on all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court