Opinion
01-19-00353-CV
09-19-2024
Earnest Taylor and Lisa Taylor d/b/a T&S Enterprises v. Alfredo Cantu, Lynn A. Cantu, Vela Ranch, L.L.C., and Brazoria County, Texas
23rd Judicial District Court of Brazoria County Trial court case number: 81916-CV
ORDER FOR STATUS REPORTVERONICA RIVAS-MOLLOY JUDGE
Appellants Earnest Taylor and Lisa Taylor d/b/a T&S Enterprises ("Taylors") filed this appeal challenging the trial court's orders granting summary judgment in favor of appellees Brazoria County and Alfred and Lynn A. Cantu ("Cantus") on the Taylors' trespass-to-try-title and nuisance claims and declaratory judgment. On November 24, 2020, the Court issued a memorandum opinion in the present appeal affirming in part and reversing the portion of the trial court's judgment awarding the Cantus' attorney's fees and expenses and remanding the case to the trial court solely for redetermination of attorney's fees and expenses in accordance with the opinion.
After we denied the Taylors' motion for rehearing, but before the mandate issued, the Taylors filed their "Unopposed Amended Emergency Motion for Stay/Abatement" pending resolution of a related case, Cause No. 81897, Earnest Taylor, et al. v. Jesus M. Vela, et al., in the 149th Judicial District Court of Brazoria County, Texas ("Vela Case"). After a bench trial, the trial court entered a judgment in favor of Vela Ranch and its principals, Jesus M. Vela and Blasa Vela ("Velas"), on their motion to enforce the parties' Rule 11 settlement agreement with the Taylors. On appeal, the Fourteenth Court of Appeals reversed the trial court's judgment and remanded the case to the trial court for further proceedings. See Taylor v. Vela, No. 14-19-00990-CV, 2021 WL 3416242, at *3 (Tex. App.-Houston [14th Dist.] Aug. 5, 2021, no pet.) (mem. op.). In their Motion for Stay/Abatement, the Taylors argued that the present appeal and the Vela Case are intertwined, and resolution of the Vela Case may affect the trial court posture of this case.
The Fourteenth Court of Appeals concluded the trial court abused its discretion when it denied the Taylors a jury trial.
On January 20, 2022, this Court granted the Taylors' amended motion to abate this case pending resolution of the Vela Case, and we denied their motion to stay our mandate as moot.
In the January 10, 2024 status report, the Taylors' counsel advised this Court that the Taylors' appeal from the judgment rendered after remand in the Vela Case had been submitted to the Fourteenth Court of Appeals and no opinion had issued. Taylor v. Vela, No. 14-23-00103-CV.
The Taylors' counsel is ORDERED to file a status report with the Clerk of the Court by September 30, 2024 advising this Court of (1) the status of the Vela Case, and (2) the Taylors' position as to whether, in their opinion, abatement of the present appeal continues to be necessary for purposes of "justice and judicial efficiency." If the Taylors' counsel does not file a status report by the noted date, the Court will assume that abatement is no longer necessary, and we will, therefore, lift the abatement, reinstate the case on the Court's active docket, and order the Clerk of the Court immediately to issue the mandate.
It is so ORDERED.