D & S Container, Inc. D/B/A Budget Box v. Priscilla Ruiz, Individually as Surviving Spouse, and as Parent and Next Friend of James Estrella, Jr.

• Court: Court of Appeals of Texas
• Decided: October 16, 2018
• Docket: 05-18-00837-CV
• Status: Published

Opinion

Order entered October 16, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00837-CV

D & S CONTAINER, INC. D/B/A BUDGET BOX, Appellant

V.

PRISCILLA RUIZ, INDIVIDUALLY AS SURVIVING SPOUSE, AND AS PARENT AND NEXT FRIEND OF JAMES ESTRELLA, JR., Appellee

On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-13854

ORDER Before the Court is appellant’s October 15, 2018 unopposed motion to abate appeal

pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(C). Appellant explains the parties

have settled all issues, but the settlement must be finalized and approved by the trial court.

We GRANT the motion and ORDER appellant to file, no later than December 17, 2018,

either a motion to reinstate and dismiss the appeal or status report. We ABATE the appeal to

allow the trial court to conduct the necessary proceedings to effectuate the parties’ agreement,

including entry of an amended judgment. Se TEX. R. APP. P. 42.1(a)(2)(C).

/s/ DAVID EVANS JUSTICE