Edward C. Newberry v. Claudia J. Newberry

Opinion

Order entered June 12, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01583-CV

EDWARD C. NEWBERRY, Appellant

V.

CLAUDIA J. NEWBERRY, Appellee

On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 06-0752

ORDER By letter dated December 28, 2012, we directed appellant to file a letter brief addressing

our jurisdiction over the appeal as the notice of appeal appeared untimely. In response, appellant

informed the Court that the parties had settled their differences and moved to abate the appeal to

allow the trial court to effectuate the settlement agreement. We granted the motion and, by order

entered January 10, 2013, abated the appeal. We stated in our order that the appeal would be

reinstated in forty-five days or when the Court received a motion to dismiss confirming the trial

court had effectuated the parties’ agreement, whichever occurred first. The forty-five days have

lapsed and no motion to dismiss has been filed. Accordingly, we REINSTATE the appeal.

Because our abatement order suspended the time for appellant to file his jurisdictional letter

brief, we reset the deadline and ORDER appellant to file the letter brief within ten days of the date of this order. Any response by appellee shall be filed within fifteen days of the date of this

order. Appellant is cautioned that failure to comply may result in dismissal of the appeal without

further notice.

/s/ CAROLYN WRIGHT CHIEF JUSTICE