Court of Civil Appeals of Texas, 2019

Dennis Buxton and Son Chu Buxton v. United Services Automobile Association

Dennis Buxton and Son Chu Buxton v. United Services Automobile Association
Court of Civil Appeals of Texas · Decided March 4, 2019

Dennis Buxton and Son Chu Buxton v. United Services Automobile Association

Opinion

Fourth Court of Appeals San Antonio, Texas March 4, 2019 No. 04-18-00614-CV Dennis BUXTON and Son Chu Buxton, Appellants v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2016-CI-20679 Honorable Rosie Alvarado, Judge Presiding ORDER One or more of the issues presented in Dennis Buxton and Son Chu Buxton v. United Services Automobile Association, No. 04-18-00614-CV, which is pending before this court, are similar to issues in Oscar Ortiz v. State Farm Lloyds, which is currently pending before the Texas Supreme Court in cause number 17-1048. The supreme court held oral argument in Ortiz on February 20, 2019. Because the supreme court’s resolution of Ortiz may impact the present appeal, this court has determined that abating this appeal pending a decision by the supreme court will likely achieve the greatest judicial efficiency. Therefore, we ORDER the appeal in Dennis Buxton and Son Chu Buxton v. United Services Automobile Association, No. 04-18- 00614-CV, ABATED. For administrative purposes, we ORDER the clerk of this court to treat this appeal as a closed case unless and until appellants file a motion requesting its reinstatement following the Texas Supreme Court’s resolution of the issues in Ortiz.

We further order the clerk of this court to serve a copy of this order on all counsel.

It is so ORDERED on this 4th day of March, 2019. PER CURIAM

ATTESTED TO: __________________________ Keith E. Hottle, Clerk of Court

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