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Marwill v. Silva

Court of Appeals of Texas, Third District, Austin
Nov 20, 2024
No. 03-24-00686-CV (Tex. App. Nov. 20, 2024)

Opinion

03-24-00686-CV

11-20-2024

Kelly Marwill, Appellant v. Aaron Silva, Appellee


From the 455th District Court of Travis County No. D-1-GN-24-003487, the Honorable Daniella Deseta Lyttle, Judge Presiding

Before Justices Baker, Smith, and Theofanis

ORDER AND MEMORANDUM OPINION

PER CURIAM.

Kelly Marwill appeals from the trial court's denial of his motion to dismiss brought under the Texas Citizens Participation Act (TCPA). Marwill and Aaron Silva have filed a joint motion to abate this appeal pending the trial court's imminent rulings on other pending TCPA motions in this same lawsuit, asserting that judicial economy will be advanced in the event of anticipated appeals of those pending motions by consolidating them with this appeal. The parties have filed a Rule 11 agreement in the trial court waiving the requirement that the trial-court proceedings be stayed during pendency of this appeal so that the trial court may hear and rule on the motions after a hearing set for December 16, 2024. See Tex. Civ. Prac. & Rem. Code § 51.014(b).

We grant the joint motion, abate this appeal, and direct the parties to file a status report with this Court on or before February 14, 2025. The appeal will remain abated until further order of this Court. All appellate deadlines will be tolled during the period of abatement.

It is ordered on November 20, 2024.

Abated.


Summaries of

Marwill v. Silva

Court of Appeals of Texas, Third District, Austin
Nov 20, 2024
No. 03-24-00686-CV (Tex. App. Nov. 20, 2024)
Case details for

Marwill v. Silva

Case Details

Full title:Kelly Marwill, Appellant v. Aaron Silva, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Nov 20, 2024

Citations

No. 03-24-00686-CV (Tex. App. Nov. 20, 2024)