Chisholm Trail Elks Lodge No. 2659 v. MT Falkin Investments, L.L.C.Appeal from 126th District Court of Travis County (memorandum opinion per curiam)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-11-00650-CV
Chisholm Trail Elks Lodge No. 2659, Appellant
v.
MT Falkin Investments, L.L.C., Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT
NO. D-1-GN-11-001473, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
On April 27, 2012, we granted appellant Chisholm Trail Elks Lodge No. 2659’s
(Chisholm Trail) motion to abate this appeal pending our disposition of a separate but related appeal
in cause number 03-11-00888-CV. We subsequently issued an opinion in that case, in which we
affirmed the trial court’s final summary judgment in favor of Chisholm Trail. See MT Falkin Inv.,
LLC v. Chisholm Trail Elks Lodge No. 2659, __ S.W.3d __, No. 03-11-00888-CV, 2013 WL
1876503, at *8 (Tex. App.—Austin May 2, 2013, pet. filed). Per our abatement order, this appeal
was automatically reinstated.
Chisholm Trail has filed a status report in which it informed this Court that appellee
MT Falkin Investments, L.L.C. (MT Falkin) has filed a petition for review with the supreme court
from this Court’s judgment in cause number 03-11-00888-CV. Chisholm Trail requests that we
continue to abate this appeal pending the supreme court’s disposition of that case because that
disposition may render this appeal moot. MT Falkin does not oppose the abatement. Therefore, we
will treat Chisholm Trail’s request as an unopposed motion to abate this appeal.
Accordingly, in the interest of conserving judicial resources, we grant the motion to
abate. See Tex. R. App. P. 2. We hereby suspend all appellate deadlines and abate this appeal until
further order of this Court or until mandate issues in cause number 03-11-00888-CV. Chisholm
Trail shall submit a status report no later than fifteen (15) days following the issuance of mandate
or other act of this Court reinstating this appeal.
Before Justices Puryear, Goodwin and Field
Abated
Filed: July 24, 2013
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