Opinion
14-20-00657-CV
07-21-2022
ALBERT ORTIZ, Appellant v. NATIONAL CITY HOME LOAN SERVICES, INC. D/B/A FIRST FRANKLIN LOAN SERVICES; PNC, N.A.; HARRIS COUNTY, ON BEHALF OF ITSELF AND ON BEHALF OF HARRIS COUNTY DEPARTMENT OF EDUCATION, THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, THE HARRIS COUNTY FLOOD CONTROL DISTRICT, AND THE HARRIS COUNTY HOSPITAL DISTRICT; THE CITY OF HOUSTON; HOUSTON INDEPENDENT SCHOOL DISTRICT; HOUSTON COMMUNITYCOLLEGE SYSTEM; AND PROPEL FINANCIAL SERVICES, LLC, Appellees
On Appeal from the 164th District Court Harris County, Texas Trial Court Cause No. 2006-61178
Panel consists of Chief Justice Christopher and Justices Wise and Hassan.
ABATEMENT ORDER
PER CURIAM
Appellant Albert Ortiz appeals from the trial court's final judgment of June 24, 2020, in favor of appellees National City Home Loan Services, Inc., d/b/a First Franklin Loan Services; PNC, N.A.; Harris County (on behalf of itself and Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District, and the Harris County Hospital District); the City of Houston; Houston Independent School District; Houston Community College System; and Propel Financial Services, LLC. The record shows that Ortiz served his opening appellate brief and appellate reply brief only upon counsel for National City Home Loan Services, Inc. d/b/a/ First Franklin Loan Services and PNC, N.A., and that these appellees served their appellate response brief only upon counsel for the appellate appellant. The case was submitted on the briefs on January 12, 2022, without the remaining appellees having been served with any of the briefs filed in this appeal and without the opportunity to respond to appellant's request to this Court to reverse the judgment in their favor.
This appeal therefore is ABATED, treated as a closed case, and removed from this court's active docket. The abatement will continue for sixty days after appellant Albert Ortiz
(1) serves copies of all briefs filed in this appeal, together with a copy of this order, upon lead counsel for appellees
(a) Harris County (on behalf of itself and on behalf of Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District, and the Harris County Hospital District),
(b) the City of Houston,
(c) Houston Independent School District,
(d) Houston Community College System, and
(e) Propel Financial Services, LLC;
(2) certifies the fact of service in the form provided by Texas Rule of Appellate Procedure 9.5(e); and
(3) files the certificate of service with this Court.
The response briefs of appellees Harris County (on behalf of itself and Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District, and the Harris County Hospital District), the City of Houston, Houston Independent School District, Houston Community College System, and Propel Financial Services, LLC, are due on the first business day that follows the sixty-day abatement. However, if appellant Ortiz fails to file the certificate of service described above by August 1, 2022, we may reinstate the appeal and dismiss the case for want of prosecution without further notice.