Bitter Creek Water Supply Corporation v. Wesley Sims

Court of Appeals of Texas

Bitter Creek Water Supply Corporation v. Wesley Sims

DecidedApril 29, 2016

Docket11-16-00108-CV

StatusPublished

This text of Bitter Creek Water Supply Corporation v. Wesley Sims (Bitter Creek Water Supply Corporation v. Wesley Sims) 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.

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Bitter Creek Water Supply Corporation v. Wesley Sims, (Tex. Ct. App. 2016).

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Opinion

Order filed April 29, 2016

In The

Eleventh Court of Appeals __________

No. 11-16-00108-CV __________

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 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 forty- five 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.

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Order filed April 29, 2016

In The

Eleventh Court of Appeals __________

No. 11-16-00108-CV __________

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 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 forty- five 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.

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Bitter Creek Water Supply Corporation v. Wesley Sims, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bitter-creek-water-supply-corporation-v-wesley-sims-texapp-2016.