NUMBER 13-09-00067-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
CITY OF MCALLEN, TEXAS, Appellant,
v.
ARNALDO RAMIREZ, JR. RAUL ROMERO,
PROMOTIONS OF AMERICA, INC., &
NOLANA ENTERTAINMENT, INC., Appellees.
____________________________________________________________
On appeal from the 93rd District Court
of Hidalgo County, Texas.
____________________________________________________________
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Benavides and Longoria 1
Order Per Curiam
On July 18, 2013, this Court issued an opinion affirming the trial court's judgment.
See City of McAllen v. Ramirez et al., No. 13-09-00067-CV, 2013 WL 3770912 (Tex.
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The Honorable Rose Vela, former Justice of this Court, did not participate in issuing this order
because her term of office expired on December 31, 2012. In accordance with the appellate rules, she
was replaced on panel by Justice Nora L. Longoria. See TEX. R. APP. P. 41.1(a).
App.—Corpus Christi July 18, 2013, no pet. h.). Thereafter, the City of McAllen (“the
City”) requested and received an extension of time to file a motion for rehearing and
reconsideration en banc. The City’s motion for rehearing and reconsideration en banc
was received and filed on Friday, August 30, 2013. Appellees, Arnaldo Ramirez Jr.,
Raul Romero, Promotions of America, Inc. (“Promotions”), and Nolana Entertainment,
Inc. (“Nolana”), thereafter filed a motion to clarify and a response to the City’s motion for
rehearing and en banc reconsideration. The City thereafter filed a response to
appellees’ motion to clarify and a reply in support of its motion for rehearing and
reconsideration en banc.
The parties have now filed a joint and unopposed motion to abate this appeal for
settlement discussions. According to the motion, the parties have agreed that
settlement discussions would significantly benefit the case, but additional time is
necessary to fully and thoroughly discuss the potential resolution of this cause. The
parties thus request that we withhold ruling on the pending motions and abate this
appeal for a reasonable period of time to facilitate settlement discussions.
The Court, having examined and fully considered the motion to abate, is of the
opinion that it should be granted. Accordingly, we GRANT the joint and unopposed
motion to abate appeal and we ABATE this appeal. We direct the parties to inform this
Court regarding the status of the discussions within sixty days from the date of this
order.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
4th day of October, 2013.
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