Order filed July 10, 2014.
In The
Fourteenth Court of Appeals
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NO. 14-14-00297-CV
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IN RE L. CHARLES MONCLA, JR., J. CLARKE LEGLER, II, WILLIAM
RESTREPO, DANIEL T. LAYTON, LAYTON CORPORATION,
PLATINUM ENERGY HOLDINGS, INC., AND PLATINUM ENERGY
SOLUTIONS, INC., Relators
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
234th District Court
Harris County, Texas
Trial Court Cause No. 2012-30972
CONTINUING ABATEMENT ORDER
On April 21, 2014, relators, L. Charles Moncla, Jr., J. Clarke Legler, II,
William Restrepo, Daniel T. Layton, Layton Corporation, Platinum Energy
Holdings, Inc., and Platinum Energy Solutions, Inc., filed a petition for writ of
mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221. In the petition,
relators asked that this court compel The Honorable Wesley Ward, Judge of the
234th District Court, Harris County, Texas, (1) vacate his March 31, 2014 order
overruling relators’ special exceptions entered in trial court cause number
2012-30972, styled Starstream Capital, LLC, et al. v. L. Charles Moncla, Jr., et al.;
(2) grant the special exceptions; (3) strike real parties in interest’s pleadings; and (4)
dismiss the case with prejudice.
On June 2, 2014, relators informed this court that the parties have agreed to
settle the underlying dispute, subject to the execution of a mutually acceptable
settlement agreement. We abated the case for thirty days and directed the parties to
advise the court of the status of the settlement. On July 3, 2014, relators advised
this court that the parties are still continuing to work towards a settlement
agreement.
Therefore, the abatement of this case is continued for an additional thirty
days, at which time the parties are directed to advise the court of the status of the
settlement. The original proceeding will be reinstated on this court’s active docket
when the parties file a motion to dismiss the original proceeding or other dispositive
motion. The court also will consider an appropriate motion to reinstate the original
proceeding, or the court may reinstate the original proceeding on its own motion.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Boyce and Jamison.
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