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’ 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