Opinion
No. 04-16-00723-CV No. 04-16-00738-CV
04-21-2017
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 And And IN RE FE EXPRESS, LLC and Francisco Javier Bernal
From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2014CVT001295 D3
Honorable Rebecca Ramirez Palomo, Judge Presiding
ORDER
Pending before this court is appellants' motion to abate this consolidated proceeding regarding enforcement of the final judgment until after this court disposes of the appeal from the final judgment. The motion to abate alleged enforcement of the underlying final judgment was suspended because they had superseded the judgment, but in a footnote, stated appellees filed a contest in the trial court. Appellees filed a response opposing the motion to abate and attached a copy of their contest to appellants' supersedeas bond.
On February 28, 2017, we issued an order taking no action on the motion, suspending the briefing deadlines, and ordered appellants to file a report advising this court on the status of the appellees' contest to the sufficiency of appellants' supersedeas bond. On April 13, 2017, appellants filed an advisory reporting the parties are engaging in discovery regarding appellants' net worth and the trial court has set appellees' contest to be heard "after the completion of discovery at a mutually convenient time, if possible." Appellants' advisory further states the trial court has not yet set a date and time for this hearing.
In light of appellants' advisory, we order appellants FE Express, LLC and Francisco Javier Bernal to file a supplemental report advising this court on the status of appellees' contest to the sufficiency of the supersedeas bond in trial court Cause No. 2014CVT001295-D3 by May 16, 2017.
/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 21st day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court