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

The parties' third joint motion to abate this cause is granted, and the appeal is abated until March 1, 2013. The parties shall submit either a motion to reinstate or a joint status report concerning the status of settlement negotiations no later than March 1, 2013.

_____________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Puryear and Pemberton

Abated

Filed: November 15, 2012