Opinion
Appellate case number: 01-19-00049-CV
07-09-2019
Tetra Technologies, Inc. v. David Alleman and Alleman Consulting, LLC
ORDER Trial court case number: 2018-66742 Trial court: 269th District Court of Harris County
Appellees, David Alleman and Alleman Consulting, LLC (collectively "Alleman"), have filed a motion "to abate this appeal pending a trial court determination as to whether this case has been rendered moot by a binding compromise settlement agreement." We grant the motion and abate the appeal. See Mantas v. Fifth Court of Appeals, 925 S.W.2d 656, 658-59 (Tex. 1996) (orig. proceeding) (explaining if settlement dispute arises while underlying action is on appeal party seeking enforcement must file separate breach of contract action and appeal should be abated); see Tony's Barbeque & Steakhouse, Inc. v. Three Points Invs., Inc., 527 S.W.3d 686, 689 (Tex. App.—Houston [14th Dist.] 2017, no pet.) ("If the settlement dispute does not arise until the cause is on appeal, then claims for the breach or enforcement of the settlement agreement must be filed as a separate cause and the appeal abated pending resolution of the settlement-agreement dispute.").
No later than September 30, 2019, Alleman shall file a report advising the Court of the status of any trial court proceedings. If Alleman does not respond as directed, the case may be reinstated on the Court's active docket and the appeal may proceed under the applicable Texas Rules of Appellate Procedure.
The appeal is abated, treated as a closed case, and removed from this Court's active docket.
It is so ORDERED. Judge's signature: /s/ Julie Countiss
[v] Acting individually [ ] Acting for the Court Date: July 9, 2019