Jill Leven, Individually and as Independent Neal Leven Eric Leven And Jean Marie Leven Holsenbeck v. James Leven, John Leven, Justin Leven, and Leven Cattle

• Court: Court of Appeals of Texas
• Decided: March 25, 2024
• Docket: 07-23-00316-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00316-CV

JILL LEVEN, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF HENRY PAUL LEVEN; NEAL LEVEN; ERIC LEVEN; AND JEAN MARIE LEVEN HOLSENBECK, APPELLANTS V.

JAMES LEVEN, JOHN LEVEN, JUSTIN LEVEN, AND LEVEN CATTLE, APPELLEES

On Appeal from the 100th District Court Carson County, Texas Trial Court No. 13,065, Honorable Stuart Messer, Presiding

March 25, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellants, Jill Leven, Individually and as Independent Executrix of the Estate of

Henry Paul Leven; Neal Leven; Eric Leven; and Jean Marie Leven Holsenbeck, appeal

from the trial court’s order granting a temporary injunction in favor of Appellees, James

Leven, John Leven, Justin Leven, and Leven Cattle. On February 20, 2024, we abated

the appeal, pursuant to the parties’ request, to permit proceedings in the trial court to

effectuate settlement of the underlying action. On March 14, 2024, the parties filed a joint motion to dismiss the appeal as moot because the trial court signed an agreed order

vacating the temporary injunction which is the basis for this appeal.

As no decision of the Court has been delivered to date, we reinstate the appeal

and grant the motion. The appeal is dismissed. See TEX. R. APP. P. 42.1(a), 43.2(f).

Pursuant to the motion, costs shall be taxed against the parties that incurred them. See

TEX. R. APP. P. 42.1(d).

Per Curiam