In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-20-00235-CV
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AMERICAN CAPITAL FUNDING CORPORATION, Appellant
V.
HOTEL APART, L.L.C., Appellee
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On Appeal from the 58th District Court
Jefferson County, Texas
Trial Cause No. A-193,565
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ORDER
Appellant, American Capital Funding Corporation, and Appellee, Hotel
Apart, L.L.C., jointly filed an agreed motion to abate the appeal and remand the case
to the trial court to provide the trial court with an opportunity to sever the Order
Regarding Disbursement of Registry Funds from the remainder of Trial Cause
Number A-193,565.
The Agreed Joint Motion to Abate is granted. We abate the appeal and remand
the case to the trial court for consideration of the parties’ request for a severance. All
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appellate timetables are suspended while the case is before the trial court. Any
motions and responses filed by either party and any orders signed by the trial court
while the case is before the trial court shall be included in a supplemental clerk’s
record. The supplemental clerk’s record and a supplemental reporter’s record
containing a transcription of any hearings conducted while the case is before the trial
court, shall be filed with the Court of Appeals on or before August 2, 2021.
The appeal shall be reinstated without further order of this Court when the
supplemental record is filed with the appellate court. The supplemental brief of the
appellant shall be due thirty days after the supplemental record is filed. The
supplemental brief of the appellee shall be due thirty days after the appellant files its
supplemental brief.
ORDER ENTERED July 1, 2021.
PER CURIAM
Before Kreger, Horton and Johnson, JJ.
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