TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00070-CV

Texas Department of Public Safety, Appellant v. Walter Lawrence Chabert II, Individually and as Administrator of the Estate of Walter Lawrence Chabert; and Stefanie Chabert Karnes, Individually, Appellees

FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-08-005227, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

MEMORANDUM OPINION

The parties have filed a joint motion to abate the appeal, representing that they have reached a settlement agreement. Accordingly, we grant the motion, abate the appeal, and permit proceedings in the trial court to effectuate the parties’ agreement. See Tex. R. App. P. 42.1(a)(2)(C). The appeal shall be abated until such time as the parties file a motion to reinstate and dismiss the appeal, no later than August 10, 2009. If the agreement is not finalized by that date, the parties shall file a report advising this Court on the status of the proceedings in the trial court.

__________________________________________ Bob Pemberton, Justice Before Justices Patterson, Pemberton and Waldrop Abated File: June 11, 2009