NUMBER 13-13-00240-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
BRANDI RENEE DAY D/B/A
DESIGNER SECRETS, Appellant,
v.
LARRY SMITH AND
DIANA SMITH, Appellees.
On appeal from the County Court at Law No. 7
of Hidalgo County, Texas.
ORDER ON ABATEMENT
Before Justices Rodriguez, Garza, and Perkes
Order Per Curiam
This cause is before the Court on appellant’s motion to abate. This appeal was
abated by this Court on July 31, 2013, and the parties were ordered to mediation. The
case was reinstated on December 10, 2013 and on December 27, 2013 this Court was
advised that the case had settled and that documents to effectuate the final settlement
were being prepared.
Appellant has now filed a motion to abate, informing this Court that after mediation,
a settlement agreement was executed by the parties, but that appellees have failed to
comply with the settlement agreement. Appellant’s motion states that he has filed a
separate suit seeking enforcement of the mediation agreement. The motion contains a
certificate of conference stating that appellant corresponded with counsel for appellees
but does not know if they are opposed to the motion. No response has been filed to
appellant’s motion to abate.
Under these circumstances, we conclude that the parties and this Court should not
be required to expend resources on an appeal that may be rendered moot. See Mantas
v. Fifth Court of Appeals, 925 S.W.2d 656, 659 (Tex. 1996) (orig. proceeding) (holding
that court of appeals abused its discretion in refusing to abate appeal pending resolution
of suit to enforce settlement agreement). Accordingly, the appellant’s motion is
GRANTED, and the appeal is ABATED pending further order of this Court. Id. On or
before June 26, 2014, the parties shall notify the Court of the status of the pending suit to
enforce settlement agreement. The parties shall promptly notify this Court when the
enforcement suit is finally resolved.
It is so ordered.
PER CURIAM
Delivered and filed the
14th day of March, 2014.
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