in Re Locke and Leyendecker ( 2016 )

Abatement Order filed September 30, 2016
In The
Fourteenth Court of Appeals
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NO. 14-16-00697-CV
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IN FORREST LOCKE AND SHERRI LEYENDECKER Relators
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
Probate Court No. 3
Harris County, Texas
Trial Court Cause No. 432,609
ABATEMENT ORDER
On September 9, 2016, relators Forrest Locke and Sherri Leyendecker filed a
petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221
(West 2004); see also Tex. R. App. P. 52. In the petition, relators ask this court to
compel the Honorable Rory R. Olsen, presiding judge of Probate Court No. 3 of
Harris County, to set aside his August 23, 2016 order denying relators’ motion to
quash the prejudgment writ of garnishment in trial court cause number 432,609,
styled In re Estate of Cecil Wayne Clancy, Deceased.
On September 29, 2016, the parties filed a joint motion to abate this original
proceeding through October 6, 2016, to allow the parties to continue settlement
negotiations. The joint motion to abate is GRANTED. Accordingly, we issue the
following order:
The original proceeding is abated from the date of this order through October
6, 2016, at which time relators and real party in interest are directed to advise the
court of the status of the case. The original proceeding is treated as a closed case,
and removed from this court’s active docket. The original proceeding will be
reinstated on this court’s active docket when the parties file a motion to dismiss the
original proceeding or other dispositive motion. This court will also consider an
appropriate motion to reinstate the original proceeding, or the court may reinstate
the original proceeding on its own motion.
It is so ORDERED.
PER CURIAM