NO. 12-03-00126-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
CHOICE HOMES, INC.,§ APPEAL FROM THE 241ST
APPELLANT
V.§ JUDICIAL DISTRICT COURT OF
JARROD MORRIS AND
KRISTI MORRIS, INDIVIDUALLY AND
ON BEHALF OF ALL OTHERS§ SMITH COUNTY, TEXAS
SIMILARLY SITUATED,
APPELLEES
MEMORANDUM OPINION ABATING APPEAL
PER CURIAM
The parties have filed a joint motion in which they request this court to abate the appeal pending the preparation and execution of a settlement agreement and the approval of the settlement by the trial court. 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 and approved by the trial court. In the alternative, the parties will promptly notify this court if they fail to finalize the settlement. If the court receives neither a motion to dismiss nor notification of the parties' failure to finalize the settlement 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 6, 2003.
Panel consisted of Worthen, C.J. and Griffith, J.
PUBLISH