Joseph Fazio v. South Texas Blood and Tissue Center, Inc.

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00579-CV

Joseph FAZIO, Appellant

v.

SOUTH TEXAS BLOOD AND TISSUE CENTER, INC., Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-19475 Honorable Cathleen M. Stryker, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

Delivered and Filed: May 1, 2013

MOTION TO DISMISS GRANTED; APPEAL DISMISSED

This is an interlocutory appeal from a trial court’s order denying appellant’s special

appearance. On January 9, 2013, appellant filed an unopposed motion to abate, advising this

court that the parties had settled their claims and asking this court to abate the matter until April

20, 2013, to permit the parties to conclude the settlement proceedings. On January 11, 2013, we

abated this matter, ordering the appeal abated until further order of the court, but requiring

appellant to file, on or before February 11, 2013, a motion to dismiss or a document advising this

court of the status of the settlement agreement. On February 8, 2013, appellant filed another 04-12-00579-CV

unopposed motion to abate, advising the court that the settlement would not be complete until

April 20, 2013. We granted the motion and continued the abatement until further order of this

court. We also ordered appellant to file, on or before April 20, 2013, a motion to dismiss the

appeal or another status report. On April 19, 2013, appellant filed an unopposed motion to

dismiss this appeal. We order the abatement lifted and grant the unopposed motion to dismiss.

See TEX. R. APP. P. 42.1(a)(1). We order all costs assessed against appellant. See TEX. R. APP.

P. 42.1(d)(absent agreement of the parties, costs are taxed against appellant).

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