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FE Express, LLC v. Contreras

Fourth Court of Appeals San Antonio, Texas
Jun 27, 2017
No. 04-16-00723-CV (Tex. App. Jun. 27, 2017)

Opinion

No. 04-16-00723-CV No. 04-16-00738-CV

06-27-2017

FE EXPRESS, LLC and Francisco Javier Bernal, Appellants v. Maria Isabel Serna CONTRERAS, as next friend and guardian of Samara Isabella Morales Serna and Samantha Isabel Morales Serna, minor children, and as Administrator of the Estate of Samuel Morales Castillo, Deceased, Appellees


From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2014CVT001295 D3
Honorable Rebecca Ramirez Palomo, Judge Presiding

ORDER

Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Luz Elena D. Chapa, Justice

On January 27, 2017, after the record was filed in this case, we issued an order shortening the time for filing briefs and submission of this case in the interest of justice. Appellants thereafter filed a motion to abate these consolidated proceedings because they superseded the underlying judgment in the trial court. Appellants' motion noted appellees filed a contest to the sufficiency of the supersedeas bond. Appellants then filed their brief. Appellees opposed the motion to abate, asserting they "would be severely prejudiced" by the delay caused by an abatement.

On February 28, 2017, we suspended the deadlines in this case and ordered appellants to keep this court apprised of the status of the appellees' contest in the trial court. Appellants filed advisories in this court on April 13, 2017, and on May 16, 2017, stating no hearing had been set on appellees' contest. The May 16, 2017 advisory also stated no additional depositions were scheduled. We denied appellants' motion to abate and ordered appellees to file their brief by July 3, 2017.

Appellees have filed a motion for extension of time to file their brief. Appellees allege they are "actively pursuing" their contest to the supersedeas bond. The motion states appellees have conducted depositions, but remain "in the process of gathering other evidence related to the sufficiency of [the] bond, and intend[] to promptly proceed with a hearing on this matter following the depositions." Appellees also noted counsel's deadlines in other cases and counsel's planned vacation from July 5-9, 2017. Appellants filed a response to appellees' motion stating they oppose the motion except "to the extent that request is based on scheduling conflicts."

We grant appellees' motion in part. We order the appellees' brief due July 14, 2017. No further extensions of time will be granted. If the appellees' brief is not filed by July 14, 2017, these consolidated proceedings will be set for submission without the appellees' brief and without further notice.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of June, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

FE Express, LLC v. Contreras

Fourth Court of Appeals San Antonio, Texas
Jun 27, 2017
No. 04-16-00723-CV (Tex. App. Jun. 27, 2017)
Case details for

FE Express, LLC v. Contreras

Case Details

Full title:FE EXPRESS, LLC and Francisco Javier Bernal, Appellants v. Maria Isabel…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 27, 2017

Citations

No. 04-16-00723-CV (Tex. App. Jun. 27, 2017)