Juan Lorenzo Gonzalez and Malissa Moore, Individually and as Next Friend J.G., J.G., J.G. and A. G,., Minors v. Regulatory Consultants, Inc. ( 2016 )


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  •                               COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    ORDER OF ABATEMENT
    Appellate case name:        Juan Lorenzo Gonzalez and Malissa Moore, Individually and
    as next friend of J.G., J.G., J.G. and A.G., Minors v.
    Regulatory Consultants, Inc.
    Appellate case number:      01-15-01113-CV
    Trial court case number:    2013-72417A
    Trial court:                281st District Court of Harris County
    On December 23, 2015, the appellants, Juan Lorenzo Gonzalez and Malissa
    Moore, Individually and as next friend of J.G., J.G., J.G. and A.G., Minors, filed a notice
    of appeal from the order granting the appellee’s motion for summary judgment, signed by
    the trial court on November 25, 2015, in this personal injury action. See TEX. R. APP. P.
    26.1(a)(1). On August 10, 2016, appellants and appellee, Regulatory Consultants, Inc.
    (“RCI”), filed this agreed motion to abate this appeal for settlement. See TEX. R. APP. P.
    10.1(a)(5), 10.3(a)(2), 42.1(a)(2)(C). Appellants state that, because they have recently
    settled their claims against one of the two defendants remaining in the underlying
    proceeding, they plan on moving to dismiss this appeal against appellee RCI in this Court
    following a minor settlement hearing to be scheduled by the trial court. Thus, the parties
    jointly request abatement of this appeal for thirty days to permit proceeding in the trial
    court to effectuate the parties’ settlement agreement. See 
    id. 42.1(a)(2)(C). Accordingly,
    the Court grants the agreed motion and abates the appeal and
    remands the case to the trial court for further proceedings. See TEX. R. APP. P.
    42.1(a)(2)(C). This appeal is abated, treated as a closed case, and removed from this
    Court’s active docket. The appeal will be reinstated on this Court’s active docket thirty
    days after the date of this order, unless either party files a motion to extend the abatement
    or to reinstate this appeal with the Clerk of this Court.
    It is so ORDERED.
    Judge’s signature: /s/ Evelyn V. Keyes
     Acting individually
    Date: August 18, 2016
    

Document Info

Docket Number: 01-15-01113-CV

Filed Date: 8/18/2016

Precedential Status: Precedential

Modified Date: 8/22/2016