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 6/22/2015 6:03:09 PM KEITH HOTTLE CLERK

No. 04-15-00035-CV FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS FOURTH JUDICIAL DISTRICT SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 06/22/2015 6:03:09 PM __________________________________ KEITH E. HOTTLE Clerk Ark Dimension 4, Inc. and Robert Pospisil, 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 SETTLEMENT

___________________________________

Appellants, Ark Dimension 4, Inc. and Robert Pospisil, and Appellee, Michelle Griffith, file

this Motion to Extend Abatement of Appeal Pending Settlement, and respectfully show as follows:

1. On May 14, 2015, the parties filed a “Joint Motion to Abate Appeal,” which this Court

granted on May 22, 2015. In the Order entered May 22, 2015, the Court abated the case for a period

of 30 days and instructed the parties either to file a motion to dismiss the appeal or a motion to extend

the abatement.

2. The settlement in this case is conditioned upon the closing of a commercial real estate

transaction which has not happened as of this date. Accordingly, the parties hereby move the Court

to extend the abatement an additional 30 days, until July 21, 2015.

1 WHEREFORE, the parties request the Court to extend the abatement in this matter an

additional 30 days so that they can finalize the settlement in this matter, 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

__________/S?___________________ Genevieve Klein Gold State Bar No.______________ The Nevins Law Firm 206 W. Main Street Fredericksburg, Texas 78624 Telephone: (830)990-0557 Telecopier: (830) 990-0559 ATTORNEY FOR APPELLEE, MICHELLE GRIFFITH

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 22nd day of June, 2015.

/S/ David C. "Clay" Snell