B. L. Bryant, Jr. Construction Company v. Clark Warren

NO. 12-03-00006-CV



IN THE COURT OF APPEALS



TWELFTH COURT OF APPEALS DISTRICT



TYLER, TEXAS



B.L. BRYANT, JR.

CONSTRUCTION COMPANY,§ APPEAL FROM THE 188TH

APPELLANT



V.§ JUDICIAL DISTRICT COURT OF



CLARK WARREN,

APPELLEE§ GREGG COUNTY, TEXAS





MEMORANDUM OPINION ABATING APPEAL

PER CURIAM

The parties have filed a joint motion to abate the appeal in which they request this court to abate the appeal pending the preparation and execution of a settlement agreement. The motion to abate the appeal is granted. Accordingly, this appeal is abated and hereby removed from the court's active docket. The appeal may be reinstated upon motion of any party. All appellate deadlines are suspended during this abatement.

The parties will promptly file a motion to dismiss in this court when the settlement has been memorialized by a signed written agreement. The parties will promptly notify this court if they fail to finalize the settlement. If the court receives neither notification from the parties within ninety days after the date of this opinion, on its own motion, the court will lift the abatement and the appeal will proceed.

Opinion delivered August 13, 2003.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.









(PUBLISH)