Binkley & Barfield, Inc. v. Great American Insurance Company of New York

• Court: Court of Appeals of Texas
• Decided: May 21, 2024
• Docket: 03-23-00601-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00601-CV

Binkley & Barfield, Inc., Appellant

v.

Great American Insurance Company of New York, Appellee

FROM THE 480TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 22-1359-C368, THE HONORABLE SCOTT K. FIELD, JUDGE PRESIDING

MEMORANDUM OPINION

PER CURIAM

Appellant Binkley & Barfield, Inc., and Appellee Great American Insurance

Company of New York have filed a joint motion to stay this appeal and underlying trial court

proceedings pending our resolution of a related appeal, Great American Insurance Company of

New York v. Williamson County, No. 03-24-00162-CV. The parties represent that the outcome of

the related appeal could render this appeal unnecessary.

We construe the parties’ joint motion to stay this appeal as a motion to abate the

appeal. We grant the motion in part and abate the appeal until further order of this Court. The

parties shall file a status report no later than thirty days following our final decision in Great

American Insurance Company of New York v. Williamson County, No. 03-24-00162-CV. We

dismiss the parties’ request to stay the underlying trial court proceedings as moot because the

record filed in Great American Insurance Company of New York v. Williamson County, No. 03-24-00162-CV, reflects that the trial court ordered that all trial court proceedings in this

matter are stayed while the related appeal is pending.

Before Chief Justice Byrne, Justices Smith and Theofanis

Abated

Filed: May 21, 2024