Opinion
No. 04-13-00423-CV
11-12-2013
Scott HEPFORD and The Lunaria Heritage Trust, Appellants v. RHODES HOLDINGS, LLC, et al., Appellees
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-02253
Honorable Janet P. Littlejohn, Judge Presiding
ORDER
This is an accelerated appeal of an order granting a temporary injunction and appointing a receiver. On the appellees' motion this appeal was abated until October 31, 2013, based on a pending settlement and a hearing scheduled in the trial court on a motion to modify the trial court's order. In our prior order, appellees were ordered to a written advisory in this court no later than October 31, 2013, advising the court of the outcome of the settlement negotiations and the status of the trial court's hearing on the motions to modify the trial court's order.
On October 28, 2013, appellants filed a motion to lift the stay and for expedited consideration of the appeal, stating that the settlement negotiations were unsuccessful and no hearing date is pending on any motion to modify. Appellees filed a response, stating that the temporary injunction already has been modified by a Rule 11 agreement, and a hearing on the parties' cross-motions to modify is set for December 19, 2013. Appellees further state that the Rule 11 agreement contemplates additional discovery being conducted prior to the trial court's hearing on the cross-motions to modify. In accordance with this court's order, appellants filed a reply to the response, stating that none of the grounds asserted in the motions to modify will affect the portions of the order being challenged on appeal.
Given the expedited nature of this appeal and the prior period of abatement, appellants' motion to lift stay is GRANTED, and this appeal is REINSTATED on the docket of this court. Appellees' brief must be filed no later than twenty days from the date of this order. REQUESTS FOR EXTENSIONS OF TIME TO FILE THE BRIEF WILL BE DISFAVORED.
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of November, 2013.
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Keith E. Hottle
Clerk of Court