Federal Investors Servicing Corporation and Foremost County Mutual Insurance Company v. Happy State Bank ( 2022 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00148-CV
FEDERAL INVESTORS SERVICING CORPORATION AND FOREMOST COUNTY
MUTUAL INSURANCE COMPANY, APPELLANTS
V.
HAPPY STATE BANK, APPELLEE
On Appeal from the 47th District Court
Potter County, Texas
Trial Court No. 110,844-A-CV, Honorable Dan L. Schaap, Presiding
November 2, 2022
ORDER OF ABATEMENT
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Pending before this Court is the parties’ Agreed Motion to Abate, which requests
that we abate the instant cause in light of a subsequent ruling by the trial court in the
underlying cause from which this appeal was severed. The parties have represented to
the Court that the legal issues in the subsequent ruling will be the same as those
presented in the instant appeal. In an effort to promote judicial economy, the parties ask
that we abate the instant cause so that, as the subsequent ruling is made final and appeal
is taken from that order, the two causes may be later consolidated and considered
together.
To expedite the disposition of this appeal and in the interest of conservation of
judicial resources, we grant said motion, abate the instant cause for ninety days, and stay
further proceedings in the instant cause. The cause will be removed from this Court’s
active docket and treated as a suspended case. All appellate deadlines are hereby
suspended until further order of this Court. See TEX. R. APP. P. 2, 43.6; Mesa Water, L.P.
v. Tex. Water Dev. Bd., No. 07-11-00153-CV, 2011 Tex. App. LEXIS 5311, at *2–3 (Tex.
App.—Amarillo July 13, 2011, order) (per curiam). We do not yet pass on the issue of
consolidation, as it remains premature. Any further relief associated with this appeal and
any ensuing appeal from the subsequent order must be presented by motion to the Court
and will be entertained upon reinstatement of the instant cause.
Further, the parties are directed to file, within thirty days of this order and each
ensuing thirty days, a written report describing the procedural status of the underlying
cause from which arose the severed final order underlying this appeal.
IT IS SO ORDERED.
Per Curiam
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