Opinion
NUMBER 13-15-00416-CV
02-17-2016
CHRISTOPHER K. SCHMOTZER, Appellant, v. RAFAEL MENCHACA CO V, ET AL., Appellees.
On appeal from the 156th District Court of Bee County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Benavides
OrderPer Curiam
This cause is before the Court on appellant's motions to abate the appeal because of illness. Appellant's brief was originally due on December 30, 2015 and this Court has granted an extension of time until February 2, 2016 to file the brief. Appellant's first motion to abate states he had emergency surgery on January 11, 2016, and was advised on January 21, 2016 that he would remain in the medical unit for approximately 2-3 weeks because of infection. Appellant's second motion to abate indicates he has been discharged from medical care but due to continuing medical issues, will be assigned to a different unit and will be separated from his legal materials. Appellant is requesting the appeal be abated for 8-12 weeks, until such time as he is returned to his unit where his legal material is held.
Having considered appellant's motions and the documents on file, we GRANT appellant's motions and the appeal is ABATED until April 1, 2016, or upon further order of this Court. The Court directs appellant to notify this Court when he is returned to his unit or has received his legal materials.
IT IS SO ORDERED.
PER CURIAM Do not publish.
Tex. R. App. P. 47.2(b). Delivered and filed the 17th day of February, 2016.