Ark Dimension 4, Inc. and Robert Pospisil v. Michelle Griffith, Personal Representative of the Estate of Dell O. Amy ( 2015 )

ACCEPTED
04-15-00035-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
7/23/2015 4:17:05 PM
KEITH HOTTLE
CLERK
No. 04-15-00035-CV
IN THE COURT OF APPEALS
FILED IN
FOURTH JUDICIAL DISTRICT 4th COURT OF APPEALS
SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS
__________________________________ 07/23/2015 4:17:05 PM
KEITH E. HOTTLE
Ark Dimension 4, Inc. and Robert Pospisil, Clerk
Appellants
v.
Michelle Griffith, Personal Representative of the Estate of Del O. Amy, Deceased,
Appellee
___________________________________
Appealed from 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 12575A
Honorable N. Keith Williams, Judge Presiding
___________________________________
MOTION TO EXTEND ABATEMENT OF APPEAL
PENDING FINALIZATION OF SETTLEMENT
___________________________________
Appellants, Ark Dimension 4, Inc. and Robert Pospisil, file this Motion to Extend Abatement
of Appeal Pending Finalization of Settlement, and respectfully show as follows:
1. The parties have recently entered into a tentative agreement to fully and finally settle
the lawsuit giving rise to this Appeal. The settlement will be finalized upon the closing of a real estate
transaction which, as of the filing of this Motion, has not occurred. Appellees are not parties to the
transaction in question but have been informed that closing should occur within the next thirty days.
The Court has previously abated the appeal pending finalization of the settlement.
2. The parties expect that the settlement of this case will be finalized in approximately 30
to 60 days, at which time they will file a joint motion to dismiss this Appeal.
3. For the foregoing reasons, the parties request the Court to extend the abatement in
this Appeal pending finalization of the settlement.
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WHEREFORE, Appellants and Appellee request this Court to extend the abatement of all
deadlines in this Appeal pending finalization of the settlement and for such other relief to which they
may be entitled.
Respectfully submitted,
BAYNE, SNELL & KRAUSE
1250 N.E. Loop 410, Suite 725
San Antonio, Texas 78209
Telephone: (210) 824-3278
Telecopier: (210) 824-3937
Email: dsnell@bsklaw.com
By: /S/
David C. “Clay” Snell
State Bar No. 24011309
ATTORNEY FOR APPELLANTS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served upon Genevieve
Klein Gold, The Nevins Law Firm, 206 W. Main Street, Fredericksburg, Texas 78624, on this the 23rd
day of July, 2015.
/S/
David C. "Clay" Snell
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