Order filed October 26, 2017

In The Eleventh Court of Appeals __________ No. 11-15-00207-CV __________ DAVID H. ARRINGTON, Appellant V. ARANDA POOLS, INC., Appellee

On Appeal from the 441st District Court Midland County, Texas Trial Court Cause No. CV 49667

ORDER This court issued an opinion and judgment on August 31, 2017, and subsequently granted two timely filed motions for extension of time in which to file a motion for rehearing. With the most recent extension, the motion for rehearing was due October 23, 2017. On that date, the parties filed in this court a joint motion to abate the appeal so that the parties may effectuate their settlement agreement. Due to a concern related to the expiration of this court’s plenary power, we will treat the parties’ joint motion to abate as a third motion for extension of time to file a motion for rehearing. See TEX. R. APP. P. 2, 19.1(a), 19.3.

Accordingly, we grant an extension of time in which to file a motion for rehearing. The motion for rehearing is now due on or before December 11, 2017. If a settlement is effectuated in the interim, the parties may file an appropriate motion in this court.

PER CURIAM

October 26, 2017 Panel consists of: Wright, C.J., Willson, J., and Bailey, J.