Ortiz v. Ortiz

Full title: JUAN MANUEL ORTIZ, Appellant, v. SARAY ORTIZ, Appellee.

Court: COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Oct 12, 2016

NUMBER 13-15-00556-CV (Tex. App. Oct. 12, 2016)

Opinion

NUMBER 13-15-00556-CV

10-12-2016

JUAN MANUEL ORTIZ, Appellant, v. SARAY ORTIZ, Appellee.

Per Curiam

On Appellee's Motion to Abate Interlocutory Appeal to Effectuate Settlement.

ORDER

Before Chief Justice Valdez and Justices Garza and Longoria
OrderPer Curiam

Appellant Juan Manuel Ortiz perfected an interlocutory appeal of an order appointing a receiver in a divorce case. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(1) (West, Westlaw through 2015 R.S.). Appellee Saray Ortiz has filed a "Motion to Abate Interlocutory Appeal to Effectuate Settlement" noting that the parties "have reached a settlement agreement" and "are in the process of drafting a divorce decree and closing documents." The motion states that the parties "require time to effectuate the settlement" and that appellee "expects all issues to be resolved before December 1, 2016." It requests an abatement until December 1, 2016 "to avoid a waste of judicial resources." The motion states that it is unknown whether appellant consents to the abatement.

This appeal was submitted on the briefs on August 25, 2016. As of that time, the Court had reached a decision as to the merits of the appeal and intended to hand down a memorandum opinion in the matter on August 31, 2016. However, on August 30, 2016, appellee's counsel advised the Clerk of this Court that the parties had settled and that a motion to abate would be filed that week. Accordingly, we postponed the handing down of the memorandum opinion until the motion to abate could be filed. The motion to abate was not filed until October 11, 2016.

In light of the fact that the Court has already reached a decision with regard to this appeal, no further judicial resources need be expended, and an abatement is not necessary. Accordingly, we DENY appellee's motion to abate. Should the parties finalize their settlement negotiations, a motion to dismiss the appeal may be filed on or before Wednesday, October 19, 2016. If no such motion is filed on or before that time, the Court will hand down its memorandum opinion disposing of the appeal.

PER CURIAM Delivered and filed the 12th day of October, 2016.