Charlotte Patty McKinley v. Optimist Village Inc.

• Court: Court of Appeals of Texas
• Decided: August 30, 2016
• Docket: 09-16-00188-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00188-CV ____________________

CHARLOTTE PATTY MCKINLEY, Appellant

V.

OPTIMIST VILLAGE INC., Appellee _______________________________________________________ ______________

On Appeal from the County Court at Law No. 2 Orange County, Texas Trial Cause No. 23510A ________________________________________________________ _____________

ORDER

Charlotte Patty McKinley appealed the denial of her motion to dismiss. See

Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(12) (West Supp. 2015). Counsel

for the appellant filed a suggestion of death and motion to withdraw as counsel

because it has not agreed to represent the estate. The appellee, Optimist Village

Inc., filed a motion to lift the stay in this accelerated appeal and to dismiss this

interlocutory appeal as moot.

1 The motion to lift the stay of further proceedings in the trial court is granted.

The appeal is abated for thirty days, and the case is remanded to the trial court so

that the trial court may decide whether to sign an order of non-suit and determine

whether the entire case is moot. A supplemental record containing any orders

signed by the trial court and any documents filed with the trial court in connection

with this matter, together with a reporter’s record of any hearing conducted

pursuant to this Order, shall be filed with the Court of Appeals by September 29,

2016. The appeal will be reinstated without further order on that date.

ORDER ENTERED August 30, 2016.

PER CURIAM

Before McKeithen, C.J., Kreger and Johnson, JJ.