Opinion
No. 04-16-00723-CV No. 04-16-00738-CV
06-12-2017
From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2014CVT001295 D3
Honorable Rebecca Ramirez Palomo, Judge Presiding
ORDER
These consolidated appellate and mandamus proceedings concern the trial court's October 28, 2016 order granting post-judgment relief, including a turnover order. On November 2, 2016, we granted appellants' motion for an emergency stay of the trial court's October 28, 2016 order. We thereafter granted appellants' motion to keep the stay in place until we decided the merits of these consolidated proceedings and denied appellees' motion to partially lift the stay.
On February 10, 2017, after the complete record for these consolidated proceedings was filed, appellants filed a motion to abate these consolidated proceedings because a supersedeas bond had been filed in the trial court. Appellants' motion to abate noted that appellees had filed a contest to the sufficiency of the supersedeas bond. Appellants then filed their brief on the merits in these proceedings.
On February 28, 2017, we suspended the briefing deadlines in these consolidated proceedings and ordered appellants to file a report advising this court on the status of appellees' contest to the sufficiency of the supersedeas bond. Appellants filed a status report on April 13, 2017, stating that the parties were still conducting discovery on the issue of appellant FE Express's net worth. On April 21, 2017, we ordered appellants to file another status update by May 16, 2017. Appellants timely filed their second status report, stating there have been no additional depositions and the contest as to the sufficiency of the supersedeas bond has not yet been set for a hearing.
Having considered appellants' February 10, 2017 motion to abate these consolidated proceedings, and the status reports, we deny the motion to abate. We order appellees to file their brief by July 3, 2017. Appellants' reply brief, if any, is due 10 days after appellees have filed their brief. The parties are advised that no extensions of time will be granted absent a timely motion that (1) demonstrates extraordinary circumstances justifying delay, (2) advises the court of the efforts counsel has expended in preparing the brief, and (3) provides the court reasonable assurance that the brief will be completed and filed by the requested extended deadline. The parties are further advised that if their briefs are not timely filed, we may set these consolidated proceedings for submission without additional briefing and without further notice. This order does not affect our stay of the trial court's October 28, 2016 order.
/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 12th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk