Edgar Rodriguez v. Lynn O. Rodriguez
This text of Edgar Rodriguez v. Lynn O. Rodriguez (Edgar Rodriguez v. Lynn O. Rodriguez) 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.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00512-CV
Edgar Rodriguez, Appellant
v.
Lynn O. Rodriguez, Appellee
FROM THE DISTRICT COURT OF HAYS COUNTY, 428TH JUDICIAL DISTRICT NO. 14-1600, HONORABLE BRENDA K. SMITH, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
The Clerk of this Court filed appellant’s notice of appeal on August 12, 2015, and the
clerk and reporter’s records were due on September 8, 2015. On September 14, 2015, the Clerk of
this Court sent notice to appellant that the records were overdue and requested that appellant make
arrangements for payment and submit a status report on or before September 24, 2015.
Appellant has filed a status report with the Court, requesting that the appeal be
continued because a hearing before the district court is scheduled on October 22, 2015, to consider
his request for a de novo hearing from the associate judge to the district court. According to
appellant, he has contacted the court reporter but the making of the record will be moot if the district
court grants his request for a de novo hearing. Appellee also has filed a response to the status report.
She contends that appellant’s portrayal of the facts is inaccurate, incomplete, or misleading, but she
agrees that a hearing is scheduled with the district court for October 22, 2015. Under these circumstances, the parties and this Court should not be required to
expend resources on an appeal that may be rendered moot. Thus, in the interest of conserving
judicial resources, we abate this appeal. All appellate deadlines will be tolled during the period of
abatement. Absent further order of this Court, this appeal will be automatically reinstated on
November 2, 2015. The parties are directed to file either a status report or a motion to dismiss by
that date.
Before Justices Puryear, Goodwin, and Bourland
Abated
Filed: October 6, 2015
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