Charles Glen Hyde, Hyde-Way, Inc., and Texas Air Classics v. Robert "Bobby" Hawk ( 2014 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-14-00059-CV
CHARLES GLEN HYDE, HYDE-WAY, INC.,
AND TEXAS AIR CLASSICS, APPELLANTS
V.
ROBERT "BOBBY" HAWK, APPELLEE
On Appeal from the 158th District Court
Denton County, Texas
Trial Court No. 2013-20761-158, Honorable Steve Burgess, Presiding
August 7, 2014
ORDER OF ABATEMENT
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
In January 2014, appellants Charles Glen Hyde, Hyde-Way, Inc., and Texas Air
Classics filed notice of appeal of a final judgment in a suit brought by appellee Robert
Hawk, concerning the terms of a runway-and-taxiway license and a deed restriction
exemption. The appeal is pending before this Court.
On June 16, appellee Hawk filed a motion to abate or stay the appeal. Hawk’s
motion states that the parties signed, in February 2014, a Compromise & Settlement
Agreement addressing all issues in the case currently on appeal and a related case.
The motion further recites that appellants withdrew their consent to the agreement in
March and that in April Hawk filed in the trial court an action to enforce the agreement.
We have requested, received and reviewed a supplemental clerk’s record containing
Hawk’s pleadings in his enforcement action and a responsive pleading filed by one of
the defendants. We have also reviewed appellants’ response to Hawk’s motion to
abate, as well as Hawk’s reply.
Under the circumstances presented, we conclude that the parties and this Court
should not be required to expend resources on an appeal that may be rendered moot.
See Mantas v. Fifth Court of Appeals, 925 S.W.2d 656, 659 (Tex. 1996) (orig.
proceeding) (holding court of appeals abused its discretion in refusing to abate appeal
pending resolution of suit to enforce settlement agreement). Accordingly, Hawk’s
motion is granted, and the appeal is abated until further order of the Court. Id.
On or before October 15, 2014, Hawk shall submit a report of the status of his
suit to enforce the settlement agreement. If the enforcement suit is resolved before that
date, Hawk shall promptly notify the Court.
It is so ordered.
Per Curiam
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