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

It is so ordered March 6, 2012.

_____________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Puryear and Pemberton