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Parks v. Affiliated Bank

Court of Appeals Fifth District of Texas at Dallas
Feb 15, 2018
No. 05-16-00784-CV (Tex. App. Feb. 15, 2018)

Opinion

No. 05-16-00784-CV

02-15-2018

TONYA PARKS AND PARKS REALTY FIRM, LLC, Appellants v. AFFILIATED BANK, Appellee


On Appeal from the County Court at Law No. 3 Dallas County, Texas
Trial Court Cause No. CC15-04540-C

ORDER

The Court abated this appeal on December 20, 2017, so that the trial court could make findings relating to whether Tonya Parks, individually and on behalf of Parks Realty Firm, LLC (PRF), voluntarily entered into an agreement under rule of civil procedure 11, pursuant to which Parks and PRF forfeited their right to bring this appeal, and whether any agreement is enforceable. On February 14, 2018, Parks and PRF filed an Emergency Motion To Stay Proceedings In Trial Court And Reconsider And Withdraw Order That Trial Court Conduct Hearing On Whether Trial Court Judge Coerced Plaintiffs Into Entering Into A Rule 11 Agreement And, In The Alternative, Motion That Case Be Transferred To Other County Court To Conduct Said Hearing, indicating the trial court had set the matter for hearing on February 16, 2018.

We REINSTATE this appeal for the limited purpose of ruling on Parks and PRF's Emergency Motion. We DENY the Emergency Motion. We ABATE the appeal to allow the trial court to comply with our December 20, 2017 order. This appeal will be automatically REINSTATED on the earlier of (1) the date when both a supplemental clerk's record containing the trial court's findings regarding all matters it considered in conjunction with the December 20, 2017 order, and a supplemental reporter's record of the hearing held on this matter have been filed with this Court, or (2) February 26, 2018.

/s/ ELIZABETH LANG-MIERS

PRESIDING JUSTICE


Summaries of

Parks v. Affiliated Bank

Court of Appeals Fifth District of Texas at Dallas
Feb 15, 2018
No. 05-16-00784-CV (Tex. App. Feb. 15, 2018)
Case details for

Parks v. Affiliated Bank

Case Details

Full title:TONYA PARKS AND PARKS REALTY FIRM, LLC, Appellants v. AFFILIATED BANK…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 15, 2018

Citations

No. 05-16-00784-CV (Tex. App. Feb. 15, 2018)