Opinion
01-23-00812-CV
09-27-2024
Staci Semrad v. Tavi Sellers
County Court at Law No. 1 of Fort Bend County, Trial court case number: 21-CPR-036193.
ORDER
Richard Hightower, Judge
On February 16, 2024, the parties filed a joint motion to abate the appeal because the parties had agreed to attend mediation. The Court granted the motion and abated the appeal until March 31, 2024 and requested a status update no later than April 10, 2024. Because no status update was filed, the Court issued an order on April 30, 2024, requesting a response within 10 days. On May 10, 2024, the mediator filed a report, advising that although the parties did not settle, they asked to continue abatement as they worked toward a resolution of the matters subject to appeal.
After giving the parties additional time to resolve their differences, the Court issued an order on September 12, 2024, requesting a response within 10 days concerning the status of negotiations or the appeal might be reinstated. On September 16, 2024, appellee filed a response advising that no substantive progress was made in reaching a resolution and there was no likelihood of reaching a resolution.
Accordingly, the Court lifts the abatement and reinstates the appeal on the active docket. The agreed motion to withdraw filed by appellant's counsel is granted. Appellant's brief is due within 30 days of the date of this order.
On September 25, 2024, appellant filed an opposed emergency motion to stay the trial court's September 23, 2024 Order to Close Estate and the September 24, 2024 order of sanctions. Appellant also asks that we stay the trial court's September 18, 2024 oral ruling to use appellant's security for costs deposit for estate expenses.
No rule permits the Court to stay orders or judgments that are not part being appealed. Accordingly, the emergency motion is denied.
It is so ORDERED.