First United Methodist Church v. Church Mutual Insurance Company, Blake Mears, Zachary Pierce and Leading Edge Claims Service

NUMBER 13-18-00048-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
FIRST UNITED METHODIST
CHURCH, Appellant,
v.
CHURCH MUTUAL INSURANCE
COMPANY, BLAKE MEARS,
ZACHARY PIERCE AND LEADING
EDGE CLAIMS SERVICE, Appellees.
____________________________________________________________
On appeal from the 414th District Court
of McLennan County, Texas.
____________________________________________________________
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Hinojosa and Tijerina
Order Per Curiam
Appellant First United Methodist Church filed this appeal on December 29, 2017
complaining that the trial court improperly determined that its causes of action against
appellee Church Mutual Insurance Company were not viable because appellee paid an
appraisal award to appellant. The parties timely submitted their briefs in this matter.
On June 28, 2019, appellant notified the Court that on that day, the Texas Supreme Court
handed down its opinions in Barbara Technologies Corp. v. State Farm Lloyds, No. 17-
0640, 2019 WL 2710089, ___ S.W.3d ___ (Tex. June 28, 2019) and Ortiz v. State Farm
Lloyds, No. 17-1048, 2019 WL 2710032, ___ S.W.3d ___ (Tex. June 28, 2019). Texas
Rule of Appellate Procedure 38.7 provides that “[a] brief may be amended or
supplemented whenever justice requires, on whatever reasonable terms the court may
prescribe.” Tex. R. App. P. 38.7. Given the dimension of the issues raised in this case,
the Court has determined that additional briefing is necessary. Accordingly, the Court
hereby requests supplemental briefing from the parties regarding the effect of Barbara
Technologies Corp. v. State Farm Lloyds, and Ortiz v. State Farm Lloyds, have on this
case. Appellant’s supplemental brief shall be filed within twenty-one days from the date
of this order, and appellee’s supplemental brief, if any, shall be filed within fourteen days
thereafter. This appeal is abated and removed from the Court’s active docket until
receipt of the requested briefing.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
28th day of October, 2019.