Opinion
NO. 14-17-00839-CV NO. 14-18-00094-CV NO. 14-18-00095-CV NO. 14-18-00425-CV
08-30-2018
EDWIN K HUNTER, Appellant v. PRESTON MARSHALL, Appellee ELAINE T. MARSHALL, AS EXECUTOR OF THE ESTATE OF E. PIERCE MARSHALL, ET AL, Appellant v. PRESTON MARSHALL, Appellee ELAINE T. MARSHALL, INDIVIDUALLY, ELAINE T. MARSHALL, AS TRUSTEE OF THE HARRIER TRUST, ET AL, Appellant v. PRESTON MARSHALL, Appellee
On Appeal from the Probate Court No. 4 Harris County, Texas
Trial Court Cause No. 365053-401 On Appeal from the Probate Court No. 4 Harris County, Texas
Trial Court Cause Nos. 365,053-401 and 365,053-402 On Appeal from the Probate Court No. 4 Harris County, Texas
Trial Court Cause No. 365053-404
ABATEMENT ORDER
Appellee Preston Marshall has filed a motion to abate appeal number 14-18-00425-CV due to a preliminary injunction issued by the 14th Judicial District Court of Calcasieu Parish, Louisiana. The injunction states in relevant part:
IT IS HEREBY ORDERED that the preliminary injunction sought herein be and is hereby GRANTED, enjoining and prohibiting Preston Marshall, and all persons in active concert or participation with him, from filing, proceeding with or participating in any litigation or proceeding related to the administration of the Harrier Trust outside of this Court, including but not limited to the appointment of the co-trustees, compensation of the co-trustees, distributions from the accumulations of the Trust, and powers, rights, responsibilities, and
fiduciary duties of the co-trustees under the Trust.The motion has been pending for more than ten days, and no response has been filed.
We order as follows:
1. We GRANT the motion to abate appeal number 14-18-00425-CV.
2. To facilitate the submission and consideration of active matters involving Preston Marshall, we ABATE on our own motion the following appeals:
a. 14-17-00839-CV, Hunter v. Marshall
b. 14-18-00094-CV, Marshall v. Marshall
c. 14-18-00095-CV, Marshall v. Marshall
3. An original proceeding involving Preston Marshall, 14-18-00466-CV, In re Edward Alexander et al., is being abated today by separate order.
4. Preston Marshall shall advise this court of the status of the preliminary injunction by October 29 , 2018 , or within 10 days of any material change in the status of the preliminary injunction, whichever is sooner.
The appeals are abated, treated as closed cases, and removed from this court's active docket. The appeals will be reinstated on this court's active docket on or after October 29, 2018, or sooner if appropriate. The court will also consider an appropriate motion to reinstate the appeals filed by any party.
PER CURIAM Panel consists of Justices Donovan, Wise, and Jewell.