Dallas Independent School District and Mike Morath, the Texas Commissioner of Education v. Erik Tosten Appeal from 419th District Court of Travis County (memorandum opinion per curiam)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-20-00326-CV DALLAS INDEPENDENT SCHOOL DISTRICT AND MIKE MORATH, THE TEXAS COMMISSIONER OF EDUCATION, APPELLANTS V. ERIK TOSTEN, APPELLEE On Appeal from the 419th District Court Travis County, Texas Trial Court No. D-1-GN-19-004374, Honorable Catherine A. Mauzy, Presiding No. 07-20-00327-CV DALLAS INDEPENDENT SCHOOL DISTRICT; AND MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION OF THE STATE OF TEXAS, APPELLANTS V. VERONICA ARISPE, LENNITTA GILBERT, MARY KENNEDY, ROSA M. RIVERA, LISA THEISS, AND RU-MIN WANG, APPELLEES On Appeal from the 200th District Court Travis County, Texas1 Trial Court No. D-1-GN-19-004370, Honorable Catherine A. Mauzy, Presiding 1 Originally appealed to the Third Court of Appeals, these cases were transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. September 22, 2021 ORDER Before QUINN, C.J., and PIRTLE and PARKER, JJ. On August 13, 2021, the parties in these cases filed joint motions to remand the appeals. However, because these motions sought remand not to the trial court but to the Commissioner of Education, this Court directed the parties to identify this Court’s authority to vest jurisdiction in an entity other than the court from which appeal has been taken. In response, on September 15, 2021, the parties filed an amended joint motion to remand appeals seeking abatement and remand to the trial court to permit proceedings to effectuate a settlement agreement between the parties. See TEX. R. APP. P. 42.1(a)(2)(C). Because the current request of the parties is specifically authorized, by Order of the Court, the motions are hereby granted. The cases are abated and will be reinstated on the Court’s docket on Wednesday, December 22, 2021. If a settlement is effectuated in either case prior to this date of reinstatement, the parties are directed to notify the Court and request dismissal of the appeal in the settled case. Per Curiam 2
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