Opinion
Appellate case number: 01-16-00433-CV
11-15-2016
Humble Surgical Hospital, L.L.C. v. Courtney Johnson, as Representative of the Estate of John V. Johnson, III, Deceased and As Next Friend of Minor, P.J., B.J. and K.J.
ORDER OF ABATEMENT Trial court case number: 2015-20512 Trial court: 333th District Court of Harris County
On May 27, 2016, the appellant, Humble Surgical Hospital, L.L.C., filed a notice of appeal from the interlocutory order denying its motion to dismiss for non-compliance with Chapter 74 expert report requirements, signed by the trial court on May 9, 2016, which also stayed trial pending resolution of this appeal. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 51.014(a)(9), (b) (West Supp. 2016); TEX. R. APP. P. 26.1(b).
On November 7, 2016, the parties filed this agreed motion to abate appeal requesting that this Court abate this appeal to permit the parties an adequate opportunity to explore settlement, including time to schedule mediation, which is expected to occur in early December 2016. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2), 42.1(a)(2)(C). Thus, the parties request that this Court abate this appeal indefinitely, including appellee's brief deadline of November 9, 2016, until such time as the parties can complete mediation.
Accordingly, the Court grants the agreed motion and abates the appeal and remands the case to the trial court for further proceedings. See TEX. R. APP. P. 42.1(a)(2)(C). This appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket sixty days after the date of this order, unless either party files a motion to extend the abatement or to reinstate this appeal with the Clerk of this Court.
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually
Date: November 15, 2016