In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-14-00021-CV
BRUCE BERG, ET AL., Appellant
V.
HALO COMPANIES, INC., ET AL., Appellee
On Appeal from the 191st District Court
Dallas County, Texas
Trial Court No. DC-11-15415
Before Morriss, C.J., Carter and Moseley, JJ.
ORDER
Counsel for Bruce Berg, et al., appellants, has filed an uncontested motion asking this
Court to abate their pending appeal. The request stems from a federal district court order
prohibiting appellants from continuing with this litigation in the face of the pending action in
federal court. The parties suggest that abatement is proper in the interest of judicial economy
and to preserve what remains of the property to ultimately be divided among any winning
parties.
Although we agree that allowing a brief delay is a reasonable course of action, we do not
agree that an indefinite abatement is appropriate. Accordingly, the motion to abate is denied.
At present, the only deadline before this Court involves the clerk’s record, which was due
to be filed by May 19, 2014. In the interest of judicial economy and in order to accommodate
the parties, we grant an extension of time to file the record. The appellate record is therefore due
within thirty days of the date of this order, on or before June 30, 2014. Any additional requests
for extension should be filed on or before the due date of the record. In the absence of such
requests, the appeal may be subject to dismissal for want of prosecution.
IT IS SO ORDERED.
BY THE COURT
Date: May 29, 2014
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