in the Estate of Magdalene B. Mzyk v. . ( 2022 )

FILE COPY COURT OF APPEALS REBECA C. MARTINEZ FOURTH COURT OF APPEALS DISTRICT MICHAEL A. CRUZ, CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT PATRICIA O. ALVAREZ 300 DOLOROSA, SUITE 3200 LUZ ELENA D. CHAPA SAN ANTONIO, TEXAS 78205-3037 IRENE RIOS WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE BETH WATKINS (210) 335-2635 LIZA A. RODRIGUEZ LORI I. VALENZUELA FACSIMILE NO. JUSTICES (210) 335-2762 May 19, 2022 Gregory Yost Nohl Bryant Brock Upham Yost, PLLC 1024 C. Street 616 E. Blanco, Suite 202B Floresville, TX 78114 Boerne, TX 78006 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * Clinton Butler Louis T. Rosenberg Langley & Banack, Inc. The Law Offices of Louis T. 112 N. Panna Maria Ave. Rosenberg, P.C. Karnes City, TX 78118 1024 C Street * DELIVERED VIA E-MAIL * Floresville, TX 78114 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-21-00533-CV Trial Court Case Number: 21-01-00010-CVK Style: In the Estate of Magdalene B. Mzyk, Deceased Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause. If you should have any questions, please do not hesitate to contact me. Very truly yours, MICHAEL A. CRUZ, Clerk of Court _____________________________ Monica Rivera Deputy Clerk, Ext. 53855 cc: Honorable Joel B. Johnson (DELIVERED VIA E-MAIL) Elizabeth Kopecki (DELIVERED VIA E-MAIL) Denise Rodriguez (DELIVERED VIA E-MAIL) FILE COPY Fourth Court of Appeals San Antonio, Texas May 19, 2022 No. 04-21-00533-CV IN THE ESTATE OF MAGDALENE B. MZYK, DECEASED From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 21-01-00010-CVK Honorable Joel B. Johnson, Judge Presiding CORRECTED ORDER On March 2, 2022, we abated this appeal and remanded it to the trial court for entry of a final judgment. On April 4, 2022, appellant requested that we continue the abatement “pending the trial court’s disposition of the parties’ respective claims for attorney’s fees and entry of final judgment.” We granted appellant’s request and extended the abatement of the appeal until May 17, 2022. We ordered the parties to file a status update by May 17, 2022, and ordered that the case would be reinstated on the court’s docket by May 23, 2022. On May 17, 2022, appellant filed a report indicating that “[t]he parties are presently conferring [on] a date for a hearing to enter final judgment.” Appellant asked us to again continue the abatement for an additional thirty days. After consideration, we GRANT appellant’s request and extend the abatement of this appeal until June 16, 2022. We ORDER the parties to file a status update by June 16, 2022. We ORDER that this case will be reinstated on the court’s docket by June 23, 2022. _________________________________ Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of May, 2022. ___________________________________ MICHAEL A. CRUZ, Clerk of Court