wendy-rogers-v-state-of-texas-eduardo-espinosa-receiver-of-retirement ( 2012 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-12-00078-CV

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Wendy Rogers, Appellant

v.

State of Texas; Eduardo Espinosa, Receiver of Retirement Value, LLC; and

Donald R. Taylor, Receiver of Hill Country Funding, LLC, a Texas Limited Liability

Company and Hill Country Funding, LLC, a Nevada Limited Liability Company, Appellees

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT

NO. D-1-GV-10-000454, HONORABLE GISELA D. TRIANA-DOYAL, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

PER CURIAM

Appellant Wendy Rogers has filed a motion to abate this appeal, representing that the parties have reached a settlement agreement and that, as soon as the district court approves the agreement, Rogers will file a motion to dismiss the appeal. Accordingly, we grant the motion, abate the appeal, and permit proceedings in the trial court to effectuate the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(C). The appeal shall be abated until such time as Rogers files a motion to reinstate and dismiss the appeal, no later than October 9, 2012. If the agreement is not finalized by that date, Rogers shall file a report advising this Court on the status of the proceedings in the district court.

Before Justices Puryear, Pemberton and Henson

Abated

Filed: August 10, 2012