ACCEPTED 08-19-00278-CV -19- - EIGHTH COURT OF APPEALS 08-19-00278-CV EL PASO, TEXAS 3/12/2021 2:10 PM ELIZABETH G. FLORES CLERK NO. 08-19-00278-CV

FILED IN IN THE EIGHTH COURT OF APPEALS 8th COURT OF APPEALS EL PASO, TEXAS EL PASO, TEXAS 3/12/2021 2:10:53 PM ELIZABETH G. FLORES Clerk DOVENMUEHLE MORTGAGE, INC., FANNIE MAE, AND NEXBANK, SSB Appellants

V. PETER LABRADO AND ROSEMARY LABRADO, Appellees.

On Appeal from the County Court at Law Number Six (6) El Paso County, Texas Trial Court Cause No. 2018DCV4757

JOINT MOTION TO EXTEND ABATEMENT PENDING SETTLEMENT

Respectfully submitted, HUGHES WATTERS ASKANASE, LLP ____“s// Damian Abreo Damian Abreo Texas Bar No. 24006728 1201 Louisiana, 28" Floor Houston, Texas 77002 (713) 759-0818 — Telephone (713) 759-0818 — Facsimile [email protected] ATTORNEY FOR APPELLANTS MOTION TO EXTEND ABATEMENT PENDING SETTLEMENT COME NOW, Appellants, Dovenmuehle Mortgage, Inc., Fannie Mae and NexBank, SSB, and Appellees, Peter Labrado and Rosemary Labrado and in accordance with Rules 10, 42.1(a)(2)(C) and 43.6 of the Texas Rules of Appellate Procedure, move this court to continue the abatement of this appeal pending completion of the settlement between Appellants and Appellees. In support of their Motion, the Parties respectfully allege as follows: 1. This is an appeal from the Final Judgment signed August 2, 2019.

2. On June 30, 2020, this appeal was submitted to the Court without oral argument and on the briefing and record. on On December 21, 2020, the Parties reached a settlement of the claims asserted in the underlying suit, and are in the process of finalizing the settlement.

The Parties then asked that the Court abate these proceedings for thirty days so that they could complete the settlement. On January 7, 2021, the Court entered an Order abating this appeal for thirty (30) days pending completion of the settlement.

The Parties have worked diligently toward that end. On February 19, 2021, the parties filed a joint motion to extend the abatement to March 5, 2021. The Courrt granted that motion, extending the abatement.

4, The final settlement agreement has been drafted and finalized. The settlement has been funded and the total settlement funds deposited into the trust account of Appellee’s counsel. The final written settlement agreement has been signed by all parties save and except for NexBank, SSB. NexBank, SSB has had difficulty securing the signature of a person with authorization to bind the company because the authorized individuals are largely working remotely. The parties ask the Court to extend the abatement until March 25, 2021, so that the final signature can be secured. If the settlement agreement is signed by a NexBank, SSB representative prior to March 25, 2021, the parties will immediately advise the Court and move to dismiss the appeal as moot.

4, Accordingly, the Parties this Court to allow the appeal to remain abated until March 25, 2021, so that the parties may finalize and execute settlement documents and file the appropriate motion in this Court to dispose of the appeal. a This request to extend abatement is reasonable under the circumstances of this case as detailed. The Parties seek to extend abatement in the interests of justice and judicial economy, not for purposes of delay or because of any intentional or deliberate failure by the Parties or their counsel to comply with the appellate rules.

WHEREFORE, Appellants request this Court order an extension of the January 7, 2021, abatement of this appeal until March 25, 2021, to allow completion of the settlement between the Parties, and grant such other and further relief as this Court deems just.

HUGHES WATTERS ASKANASE, LLP ____Ws// Damian Abreo Damian Abreo Texas Bar No. 24006728 1201 Louisiana, 28" Floor Houston, Texas 77002 (713) 759-0818 — Telephone (713) 759-0818 — Facsimile [email protected] ATTORNEY FOR APPELLANTS LAW OFFICES OF STEPHEN H. NICKEY ___/s// Stephen H. Nickey Stephen H. Nickey Texas Bar No. 15014225 1201 N. Mesa, 2°? Floor, Ste. B El Paso, Texas 79902 (915) 351-6900 — Telephone (915) 351-6901 — Facsimile [email protected] ATTORNEYS FOR APPELLEES CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 12, 2021 a true and correct copy of the foregoing Agreed Motion to Abate was served on Stephen H. Nickey via the court’s ECF filing system.

Stephen H. Nickey 1201 N. Mesa, 2"? Floor, Ste. B El Paso, Texas 79902 snickey(@nickeylaw.com //s// Damian Abreo Damian Abreo The filer served this document via email generated by the efiling system Automated Certificate of eService This automated certificate of service was created by the efiling system. on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Nucharee Perez on behalf of Damian Abreo Bar No. 24006728 NPerez@hwa .com Envelope ID: 51436364 Status as of 3/12/2021 2:46 PM MST Associated Case Party: Peter Labrado

Name BarNumber | Email TimestampSubmitted | Status Deborah Fischer [email protected] | 3/12/2021 2:10:53 PM | SENT Stephen H.Nickey [email protected] | 3/12/2021 2:10:53 PM | SENT Case Contacts Name BarNumber | Email TimestampSubmitted | Status Dominique Varner [email protected] 3/12/2021 2:10:53 PM | SENT Deborah Fischer [email protected] | 3/12/2021 2:10:53 PM | SENT Ed Harrell [email protected] 3/12/2021 2:10:53 PM | ERROR

Associated Case Party: DOVENMUEHLE MORTGAGE, INC., FANNIE MAE, AND NEXBANK, SSB

Name BarNumber Email TimestampSubmitted Status

Damian W.Abreo

[email protected] 3/12/2021 2:10:53 PM SENT