Order filed April 29, 2016
In The
Eleventh Court of Appeals
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No. 11-16-00108-CV
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BITTER CREEK WATER SUPPLY CORPORATION, Appellant
V.
WESLEY SIMS, Appellee
On Appeal from the 32nd District Court
Nolan County, Texas
Trial Court Cause No. 19,506
ORDER
Out of an abundance of caution, Bitter Creek Water Supply Corporation
filed a notice of appeal from a March 17, 2016 order related to the parties’ motions
for summary judgment. Bitter Creek stated in its notice of appeal that it did not
believe that the order was a final judgment. When the appeal was filed in this
court, the clerk of this court noted that the March 17 order may not be a final,
appealable order and requested that Bitter Creek file a response showing grounds
to continue this appeal. Bitter Creek has now filed in this court a motion to abate
the appeal, and Wesley Sims has agreed that the March 17 order is not a final
judgment. In its motion, Bitter Creek requests that we abate the appeal to permit
the trial court to enter a final judgment. See TEX. R. APP. P. 27.2. We grant the
motion to abate.
In its motion, Bitter Creek requests that the appeal be abated for up to forty-
five days. Accordingly, if a final, appealable order or judgment has not been
entered by June 13, 2016, this court may dismiss this appeal. See TEX. R.
APP. P. 42.3. If a final judgment is entered by that date, Bitter Creek is ordered to
notify this court immediately.
The motion is granted, and the appeal is abated.
PER CURIAM
April 29, 2016
Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.
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