Bitter Creek Water Supply Corporation v. Wesley Sims

Opinion

Order filed April 29, 2016

In The

Eleventh Court of Appeals

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No. 11-16-00108-CV

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BITTER CREEK WATER SUPPLY CORPORATION, Appellant V.

WESLEY SIMS, Appellee

On Appeal from the 32nd District Court Nolan County, Texas

Trial Court Cause No. 19,506

ORDER

Out of an abundance of caution, Bitter Creek Water Supply Corporation filed a notice of appeal from a March 17, 2016 order related to the parties’ motions for summary judgment. Bitter Creek stated in its notice of appeal that it did not believe that the order was a final judgment. When the appeal was filed in this court, the clerk of this court noted that the March 17 order may not be a final, appealable order and requested that Bitter Creek file a response showing grounds

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to continue this appeal. Bitter Creek has now filed in this court a motion to abate the appeal, and Wesley Sims has agreed that the March 17 order is not a final judgment. In its motion, Bitter Creek requests that we abate the appeal to permit the trial court to enter a final judgment. See TEX. R. APP. P. 27.2. We grant the motion to abate.

In its motion, Bitter Creek requests that the appeal be abated for up to fortyfive days. Accordingly, if a final, appealable order or judgment has not been entered by June 13, 2016, this court may dismiss this appeal. See TEX. R. APP. P. 42.3. If a final judgment is entered by that date, Bitter Creek is ordered to notify this court immediately.

The motion is granted, and the appeal is abated.

PER CURIAM

April 29, 2016 Panel consists of: Wright, C.J., Willson, J., and Bailey, J.