COURT OF APPEALS SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE, CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF THE KAREN ANGELINI 300 DOLOROSA, SUITE 3200 COURT MARIALYN BARNARD SAN ANTONIO, TEXAS 78205-3037 REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX PATRICIA O. ALVAREZ TELEPHONE LUZ ELENA D. CHAPA (210) 335-2635 IRENE RIOS JUSTICES FACSIMILE NO. (210) 335-2762 December 10, 2018 Honorable Michael E. Mery Timothy R. Price Judge, 37th Judicial District Court Chunn. Price, Harris, & Sloan Cadena-Reeves Justice Center PLLC 100 Dolorosa, 4th Floor 1000 Central Parkway N., Suite San Antonio, TX 78205 100 * DELIVERED VIA E-MAIL * San Antonio, TX 78232 * DELIVERED VIA E-MAIL * Russell J. Amsberry The Amsberry Law Firm 24165 IH 10 West, Ste 217 #230 San Antonio, TX 78257 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-18-00914-CV Trial Court Case Number: 2018CI16905 Style: In re Allison Nail A/K/A Allie Nail Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause. If you should have any questions, please do not hesitate to contact me. Very truly yours, KEITH E. HOTTLE, Clerk of Court ______________________ Cecilia Phillips Deputy Clerk, Ext. 5-3221 cc: Dinah L. Gaines (DELIVERED VIA E-MAIL) Donna Kay McKinney (DELIVERED VIA E-MAIL) Jeremy Sloan (DELIVERED VIA E-MAIL) Fourth Court of Appeals San Antonio, Texas December 10, 2018 No. 04-18-00914-CV IN RE Allison NAIL a/k/a Allie Nail Original Mandamus Proceeding1 ORDER Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice On November 29, 2018, relator filed a petition for writ of mandamus. Relator argued the trial court abused its discretion by denying a plea in abatement filed pursuant to Texas Civil Practice and Remedies Code section 73.062. According to relator, the trial court claimed it lacked jurisdiction to abate the case because the case would automatically abate on December 2, 2018. In her petition, relator asked this court to order the trial court to vacate its order denying the immediate abatement and order the trial court to issue an order abating the case effective November 29, 2018. Relator also filed a motion for emergency relief, asking this court to stay a November 30, 2018 deposition. On November 30, 2018, we granted the stay but did not otherwise rule on relator’s petition for writ of mandamus. It appears relator has now obtained the sought-after abatement. Therefore, relator is ORDERED, no later than December 21, 2018, to either (1) file a motion to dismiss her petition 1 This proceeding arises out of Cause No. 2018CI16905, styled Nicholas Ortega and Demi Ortega f/k/a Demi Myler v. Allison Nail a/k/a Allie Nail, pending in the 408th Judicial District Court, Bexar County, Texas, the Honorable Michael E. Mery presiding. for writ of mandamus or (2) show cause in writing why the petition for writ of mandamus should not be dismissed as moot. It is so ORDERED on December 10, 2018. PER CURIAM ATTESTED TO: ___________________________ KEITH E. HOTTLE, Clerk of Court