Becky, Ltd. v. Milestone Community Builders, LLC The City of Cedar Park Matt Powell Stephen Thomas Mitch Fuller Lyle Grimes Lowell Moore Jon Lux And Don Tracy
ACCEPTED
03-15-00071-CV
4219044
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/19/2015 4:23:41 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00071-CV FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE
2/19/2015 4:23:41 PM
THIRD COURT OF APPEALS JEFFREY D. KYLE
AUSTIN, TEXAS Clerk
____________________________________________________________
BECKY, LTD.,
Appellant
V.
MILESTONE COMMUNITY BUILDERS, LLC, THE CITY OF CEDAR PARK,
STEPHEN THOMAS, MATT POWELL, MITCH FULLER, LYLE GRIMES,
LOWELL MOORE, JON LUX, AND DON TRACY,
Appellees
_____________________________________________________________
ON APPEAL FROM THE
126TH JUDICIAL DISTRICT COURT,
TRAVIS COUNTY, TEXAS
______________________________________________________________
APPELLANT’S UNOPPOSED
MOTION TO ABATE APPEAL
FOR ENTRY OF FINAL JUDGMENT
______________________________________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
Comes now Appellant, Becky, Ltd, and files this Motion to Abate Appeal
for Entry of Final Judgment and would respectfully show the Court as follows:
On December 23, 2014, the trial court signed an order granting certain of the
Appellees’ pleas to the jurisdiction. Incorrectly believing that this order disposed
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of all parties and all claims, and was thus a final judgment, Becky instituted this
regular appeal on January 30, 2015. It has now come to Appellant’s attention that
the appealed order is not yet final since it did not dispose of all claims and all
parties.
The remaining Defendant has asked the trial court to enter an order granting
its motion to dismiss as well, and Appellant anticipates that this order will be
entered shortly.
Pursuant to Texas Rule of Appellate Procedure 27.2, Appellant asks that this
Court allow the appealed order that is not yet final to be modified so as to be made
final, and give effect to this appeal as if it had been pursued after the final order is
signed and entered. Appellant asks that this Court abate this appeal until the final
order is signed. Appellant will promptly notify this Court when this occurs.
Appellant did not intend to and did not pursue an interlocutory appeal as to
the December 23 order, and does not waive its right to challenge that order after it
becomes final. In the event this Court denies this motion, Appellant will
voluntarily dismiss its premature appeal and pursue a new appeal after entry of a
final judgment.
Wherefore, Appellant requests that this Court abate this appeal pending
entry of final judgment by the trial court, or alternatively, allow Appellant to
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voluntarily dismiss this premature appeal and pursue a new appeal after entry of a
final judgment.
Respectfully submitted,
HUSCH BLACKWELL LLP
By /s/ Elizabeth G. Bloch
ELIZABETH G. BLOCH
State Bar No. 02495500
Heidi.bloch@huschblackwell.com
111 Congress Avenue, Suite 1400
Austin, Texas 78701-4093
(512) 472-5456 (Telephone)
(512) 479-1101 (Facsimile)
Leonard B. Smith
State Bar No. 18643100
lsmith@leonardsmithlaw.com
P.O. Box 684633
Austin, Texas 78768
(512) 914-3732 (Telephone)
(512) 532-6446 (Facsimile)
ATTORNEYS FOR APPELLANT
CERTIFICATE OF CONFERENCE
The undersigned certifies that she has consulted via email with counsel for
Appellees, and they have indicated that Appellees do not oppose this motion.
/s/ Elizabeth G. Bloch
ELIZABETH G. BLOCH
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document
was served on the 19th day of February, 2015, via the Court’s electronic filing
system and/or email to the following counsel of record:
Cobby Caputo
ccaputo@bickerstaff.com
Bradley B. Young
byoung@bickerstaff.com
Bickerstaff Heath Delgado Acosta LLP
3711 South MoPac Expressway
Building One, Suite 300
Austin, Texas 78746
Mark Hawkins
mhawkins@abaustin.com
Armbrust & Brown, PLLC
100 Congress, Suite 1300
Austin, Texas 78701
/s/ Elizabeth G. Bloch
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