Court of Civil Appeals of Texas, 2013

Edward Mayo v. Five Star Merchant Services, Inc.

Edward Mayo v. Five Star Merchant Services, Inc.
Court of Civil Appeals of Texas · Decided December 3, 2013

Edward Mayo v. Five Star Merchant Services, Inc.

Opinion

Order filed December 3, 2013.

In The Fourteenth Court of Appeals ____________ NO. 14-13-00637-CV ____________ EDWARD MAYO, Appellant V. FIVE STAR MERCHANT SERVICES, INC., Appellee

On Appeal from the 11th District Court Harris County, Texas Trial Court Cause No. 2011-26253

CONTINUING ABATEMENT ORDER On November 5, 2013, this court granted appellant’s agreed motion to abate this appeal until November 26, 2013, so that the parties could continue settlement negotiations. On November 22, 2013, the parties filed a joint motion to continue the abatement period until December 23, 2013. We GRANT the motion.

The court ORDERS the abatement continued until December 23, 2013. The appellate deadlines in this case are suspended until the abatement period has ended.

If the parties are successful in their settlement negotiations, the court ORDERS the parties to file a motion to dismiss the appeal, other dispositive motion, or a motion for additional time to file the dispositive motion, within ten days from the conclusion of the abatement period. If no settlement agreement is reached, appellant shall file his brief at the end of the abatement period.

The appeal remains ABATED, treated as a closed case, and removed from this court’s active docket until December 23, 2013, at which time the appeal will be reinstated. The court will also consider an appropriate motion to reinstate the appeal filed by any party. Any party may also file a motion to dismiss the appeal or other dispositive motion at any time. Any party may also file a motion to extend the abatement period to finalize a settlement.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Jamison and Wise.

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