APTLA, LLC and GATESCO, Inc. v. the City of Baytown

Court of Appeals of Texas

APTLA, LLC and GATESCO, Inc. v. the City of Baytown

DecidedMarch 30, 2021

Docket01-20-00678-CV

StatusPublished

This text of APTLA, LLC and GATESCO, Inc. v. the City of Baytown (APTLA, LLC and GATESCO, Inc. v. the City of Baytown) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

APTLA, LLC and GATESCO, Inc. v. the City of Baytown, (Tex. Ct. App. 2021).

Pincite

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

MEMORANDUM ORDER ABATING APPEAL

Appellate case name: APTLA, LLC and GATESCO, Inc. v. The City of Baytown

Appellate case number: 01-20-00678-CV

Trial court case number: 1156692

Trial court: Harris County Civil Court at Law No. 1

On June 5, 2020, a fire damaged a building at the Laguna Azul Apartments, an apartment complex owned by APTLA, LLC and located in the City of Baytown. A dispute arose between the parties about the permits needed to repair the building.

On September 10, 2020, the trial court granted the City of Baytown’s request for a temporary injunction, enjoining APTLA from conducting unpermitted construction and ordering APTLA to install a protective fence around the building. APTLA and Gatesco, Inc. appealed the trial court’s order granting a temporary injunction.

While the appeal was pending, the parties attended mediation, reached a tentative settlement, and executed an agreement to seek a ninety-day abatement of the proceedings in the County Court at Law No. 1 and an abatement of this appeal, while APTLA finishes repairing the building. On March 22, 2021, APTLA, Gatesco. and the City jointly moved to abate this appeal for 90 days pursuant to Rule 42.1(a)(2)(C) of the Texas Rules of Appellate Procedure.

Accordingly, the Court GRANTS the parties’ joint motion. The appeal is abated, treated as a closed case, and removed from this Court’s active docket. See TEX. R. APP. P. 42.1(a)(2)(C). If the settlement has been finalized by June 29, 2021, the parties are instructed to file a motion to reinstate and dismiss the appeal in accordance with their settlement agreement. If the parties have not finalized their settlement by that date, they are instructed to file a report informing this Court about the status of the appeal and requesting any necessary extension of the abatement.

It is so ORDERED.

Judge’s signature: /s/ Justice Sarah Beth Landau________________  Acting individually  Acting for the Court

Date: March 30, 2021______________________

Free access — add to your briefcase to read the full text and ask questions with AI

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

MEMORANDUM ORDER ABATING APPEAL

Appellate case name: APTLA, LLC and GATESCO, Inc. v. The City of Baytown

Appellate case number: 01-20-00678-CV

Trial court case number: 1156692

Trial court: Harris County Civil Court at Law No. 1

On June 5, 2020, a fire damaged a building at the Laguna Azul Apartments, an apartment complex owned by APTLA, LLC and located in the City of Baytown. A dispute arose between the parties about the permits needed to repair the building.

On September 10, 2020, the trial court granted the City of Baytown’s request for a temporary injunction, enjoining APTLA from conducting unpermitted construction and ordering APTLA to install a protective fence around the building. APTLA and Gatesco, Inc. appealed the trial court’s order granting a temporary injunction.

While the appeal was pending, the parties attended mediation, reached a tentative settlement, and executed an agreement to seek a ninety-day abatement of the proceedings in the County Court at Law No. 1 and an abatement of this appeal, while APTLA finishes repairing the building. On March 22, 2021, APTLA, Gatesco. and the City jointly moved to abate this appeal for 90 days pursuant to Rule 42.1(a)(2)(C) of the Texas Rules of Appellate Procedure.

Accordingly, the Court GRANTS the parties’ joint motion. The appeal is abated, treated as a closed case, and removed from this Court’s active docket. See TEX. R. APP. P. 42.1(a)(2)(C). If the settlement has been finalized by June 29, 2021, the parties are instructed to file a motion to reinstate and dismiss the appeal in accordance with their settlement agreement. If the parties have not finalized their settlement by that date, they are instructed to file a report informing this Court about the status of the appeal and requesting any necessary extension of the abatement.

It is so ORDERED.

Judge’s signature: /s/ Justice Sarah Beth Landau________________  Acting individually  Acting for the Court

Date: March 30, 2021______________________

Cite This Page — Counsel Stack

Bluebook (online)

APTLA, LLC and GATESCO, Inc. v. the City of Baytown, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aptla-llc-and-gatesco-inc-v-the-city-of-baytown-texapp-2021.