Kelly Marwill v. Aaron Silva

• Court: Court of Appeals of Texas
• Decided: November 20, 2024
• Docket: 03-24-00686-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00686-CV

Kelly Marwill, Appellant

v.

Aaron Silva, Appellee

FROM THE 455TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-24-003487, THE HONORABLE DANIELLA DESETA LYTTLE, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Kelly Marwill appeals from the trial court’s denial of his motion to dismiss brought

under the Texas Citizens Participation Act (TCPA). Marwill and Aaron Silva have filed a joint

motion to abate this appeal pending the trial court’s imminent rulings on other pending TCPA

motions in this same lawsuit, asserting that judicial economy will be advanced in the event of

anticipated appeals of those pending motions by consolidating them with this appeal. The parties

have filed a Rule 11 agreement in the trial court waiving the requirement that the trial-court

proceedings be stayed during pendency of this appeal so that the trial court may hear and rule

on the motions after a hearing set for December 16, 2024. See Tex. Civ. Prac. & Rem. Code

§ 51.014(b). We grant the joint motion, abate this appeal, and direct the parties to file a status

report with this Court on or before February 14, 2025. The appeal will remain abated until further

order of this Court. All appellate deadlines will be tolled during the period of abatement.

It is ordered on November 20, 2024.

Before Justices Baker, Smith, and Theofanis

Abated

Filed: November 20, 2024