Charlotte Patty McKinley v. Optimist Village Inc. ( 2016 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00188-CV
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CHARLOTTE PATTY MCKINLEY, Appellant
V.
OPTIMIST VILLAGE INC., Appellee
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On Appeal from the County Court at Law No. 2
Orange County, Texas
Trial Cause No. 23510A
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ORDER
Charlotte Patty McKinley appealed the denial of her motion to dismiss. See
Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(12) (West Supp. 2015). Counsel
for the appellant filed a suggestion of death and motion to withdraw as counsel
because it has not agreed to represent the estate. The appellee, Optimist Village
Inc., filed a motion to lift the stay in this accelerated appeal and to dismiss this
interlocutory appeal as moot.
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The motion to lift the stay of further proceedings in the trial court is granted.
The appeal is abated for thirty days, and the case is remanded to the trial court so
that the trial court may decide whether to sign an order of non-suit and determine
whether the entire case is moot. A supplemental record containing any orders
signed by the trial court and any documents filed with the trial court in connection
with this matter, together with a reporter’s record of any hearing conducted
pursuant to this Order, shall be filed with the Court of Appeals by September 29,
2016. The appeal will be reinstated without further order on that date.
ORDER ENTERED August 30, 2016.
PER CURIAM
Before McKeithen, C.J., Kreger and Johnson, JJ.
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