Opinion
No. 04-17-00025-CV
10-05-2017
FE EXPRESS, LLC, Francisco Javier Bernal and Hector Lopez, 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: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice
The parties have filed a "joint, unopposed motion to abate the appeal to effectuate a settlement agreement." The parties have represented to this court that they have reached a settlement agreement and, move this court to abate this appeal while they seek the trial court's approval of the settlement agreement. The parties have further represented to this court that they "will promptly file with this Court an agreed motion to dismiss" in compliance with Rule 42.1(a)(2). See TEX. R. APP. P. 42.1(a)(2).
The motion is granted. We abate this appeal for a period of 30 days and remand the case to the trial court for the limited purpose of having the trial court decide whether to approve the parties' settlement agreement. We order the parties to file, by November 6, 2017 either (a) an appellant's motion to dismiss or agreed motion to dispose of this appeal; or (b) written notice advising the court of all actions the parties have taken to obtain the trial court's approval of the settlement agreement and a detailed explanation of the reasons the settlement agreement was not approved by the trial court during the abatement period.
/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 5th day of October, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court