in Re Charles Moncla, Jr. ( 2014 )

Order filed June 4, 2014. In The Fourteenth Court of Appeals ____________ NO. 14-14-00297-CV ____________ IN RE L. CHARLES MONCLA, JR., J. CLARKE LEGLER, II, WILLIAM RESTREPO, DANIEL T. LAYTON, LAYTON CORPORATION, PLATINUM ENERGY HOLDINGS, INC., AND PLATINUM ENERGY SOLUTIONS, INC., Relators ORIGINAL PROCEEDING WRIT OF MANDAMUS 234th District Court Harris County, Texas Trial Court Cause No. 2012-30972 ABATEMENT ORDER On April 21, 2014, relators, L. Charles Moncla, Jr., J. Clarke Legler, II, William Restrepo, Daniel T. Layton, Layton Corporation, Platinum Energy Holdings, Inc., and Platinum Energy Solutions, Inc., filed a petition for writ of mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221. In the petition, relators asked that this court compel The Honorable Wesley Ward, Judge of the 234th District Court, Harris County, Texas, (1) vacate his March 31, 2014 order overruling relators’ special exceptions entered in trial court cause number 2012-30972, styled Starstream Capital, LLC, et al. v. L. Charles Moncla, Jr., et al.; (2) grant the special exceptions; (3) strike real parties in interest’s pleadings; and (4) dismiss the case with prejudice. On June 2, 2014, relators informed this court that the parties have agreed to settle the underlying dispute, subject to the execution of a mutually acceptable settlement agreement. Accordingly, we issue the following order: The original proceeding is abated for a period of thirty days from the date of this order, at which time the parties are directed to advise the court of the status of the settlement. The original proceeding is treated as a closed case, and removed from this court’s active docket. The original proceeding will be reinstated on this court’s active docket when the parties file a motion to dismiss the original proceeding or other dispositive motion. The court also will consider an appropriate motion to reinstate the original proceeding, or the court may reinstate the original proceeding on its own motion. PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and Jamison. 2