Opinion
NUMBER 13-15-00620-CV
02-09-2016
RED DOT BUILDING SYSTEMS, INC., Appellant, v. RIGNEY CONSTRUCTION & DEVELOPMENT, LLC, Appellee.
On appeal from the County Court at Law No. 7 of Hidalgo County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Valdez and Justices Rodrguez and Benavides
Order Per Curiam
On December 29, 2015, appellant Red Dot Building Systems, Inc. ("Red Dot") initiated this interlocutory appeal arising out of the trial court's granting of appellee Rigney Construction & Development, LLC's ("Rigney") application for anti-suit injunction. On December 28, 2015, Red Dot filed a petition for writ of mandamus and emergency motion for temporary relief with this Court requesting that this Court direct the trial court to withdraw its order on Red Dot's motion to transfer venue and abate the proceedings below. On December 29, 2015, this Court denied Red Dot's petition for writ of mandamus and motion for temporary relief. On December 31, 2015, Red Dot filed a petition for writ of mandamus and emergency motion to stay the proceedings below with the Texas Supreme Court. On January 8, 2016, the Texas Supreme Court granted Red Dot's emergency motion to stay and left the petition for writ of mandamus pending.
On January 26, 2016, Red Dot filed an unopposed motion to abate this interlocutory appeal in order to serve judicial economy, in light of the Texas Supreme Court's action on its emergency motion to stay and pending petition for writ of mandamus.
Accordingly, this appeal is ABATED until further order of this Court. Additionally, on February 1, 2016, Red Dot filed an unopposed motion for extension to file its brief with this Court in this appeal. In light of our decision to abate this appeal, however, we dismiss Red Dot's pending motion for extension of time to file its brief as MOOT.
It is so ORDERED.
PER CURIAM Delivered and filed the 9th day of February, 2016.