TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00566-CV

David Fernea, Appellant v. Merrill Lynch Pierce Fenner & Smith, Inc., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. D-1-GN-09-002195, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

MEMORANDUM OPINION

The parties have filed a joint motion to abate this appeal pending settlement negotiations in a related case. The motion is granted and the appeal is abated. The parties shall submit either a joint status report concerning the status of settlement negotiations or a motion to dismiss on or before March 1, 2012.

_____________________________________________ J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Puryear and Pemberton Abated Filed: September 23, 2011