Ark Dimension 4, Inc. and Robert Pospisil v. Michelle Griffith, Personal Representative of the Estate of Dell O. Amy

Opinion

ACCEPTED 04-15-00035-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/23/2015 4:17:05 PM KEITH HOTTLE CLERK

No. 04-15-00035-CV

IN THE COURT OF APPEALS FILED IN FOURTH JUDICIAL DISTRICT 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS __________________________________ 07/23/2015 4:17:05 PM KEITH E. HOTTLE Ark Dimension 4, Inc. and Robert Pospisil, Clerk Appellants

v.

Michelle Griffith, Personal Representative of the Estate of Del O. Amy, Deceased, Appellee ___________________________________

Appealed from 216th Judicial District Court, Gillespie County, Texas Trial Court No. 12575A Honorable N. Keith Williams, Judge Presiding ___________________________________

MOTION TO EXTEND ABATEMENT OF APPEAL PENDING FINALIZATION OF SETTLEMENT

___________________________________

Appellants, Ark Dimension 4, Inc. and Robert Pospisil, file this Motion to Extend Abatement

of Appeal Pending Finalization of Settlement, and respectfully show as follows:

1. The parties have recently entered into a tentative agreement to fully and finally settle

the lawsuit giving rise to this Appeal. The settlement will be finalized upon the closing of a real estate

transaction which, as of the filing of this Motion, has not occurred. Appellees are not parties to the

transaction in question but have been informed that closing should occur within the next thirty days.

The Court has previously abated the appeal pending finalization of the settlement.

2. The parties expect that the settlement of this case will be finalized in approximately 30

to 60 days, at which time they will file a joint motion to dismiss this Appeal.

3. For the foregoing reasons, the parties request the Court to extend the abatement in

this Appeal pending finalization of the settlement.

1 WHEREFORE, Appellants and Appellee request this Court to extend the abatement of all

deadlines in this Appeal pending finalization of the settlement and for such other relief to which they

may be entitled.

Respectfully submitted,

BAYNE, SNELL & KRAUSE 1250 N.E. Loop 410, Suite 725 San Antonio, Texas 78209 Telephone: (210) 824-3278 Telecopier: (210) 824-3937 Email: dsnell@bsklaw.com

By: /S/ David C. “Clay” Snell State Bar No. 24011309 ATTORNEY FOR APPELLANTS

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served upon Genevieve Klein Gold, The Nevins Law Firm, 206 W. Main Street, Fredericksburg, Texas 78624, on this the 23rd day of July, 2015.

/S/ David C. "Clay" Snell