Michael J. DeLitta And DeLCom Properties, LLC v. Nancy Schaefer

Opinion

ACCEPTED 03-15-00085-CV 8395085 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/29/2015 2:42:15 PM JEFFREY D. KYLE CLERK

Lisa Bowlin Hobbs | Lisa@KuhnHobbs.com 3307 Northland Drive, Suite 310 | Austin, Texas 78731 FILED IN Tel 512.476.6003 | FaxOF 3rd COURT 512.476.6002 APPEALS AUSTIN, TEXAS 12/29/2015 2:42:15 PM JEFFREY D. KYLE December 29, 2015 Clerk

Jeffrey D. Kyle, Clerk via e-filing Third Court of Appeals 209 West 14th Street, Room 101 Austin, Texas 78701

Re: Nos. 03-15-00085-CV & No. 03-15-00280-CV; DeLitta v. Schaefer

Dear Mr. Kyle,

On November 3, 2015, the Court abated the two above-referenced appeals to allow the parties to proceed with settlement negotiations. The Court requested that, if the parties had not finalized a settlement by December 29, 2015, the parties file a report informing the Court of the status of the settlement negotiations.

On October 20, 2015, the parties entered into a binding Rule 11 agreement that resolved the litigation. Unfortunately, a significant dispute has arisen concerning the agreement. A hearing is scheduled in the trial court on Schaefer’s Motion to Enforce for February 17, 2016.

Counsel suggests the case remain abated to allow the enforcement hearing to proceed and requests until March 1, 2016 to further update the Court on the matter. I have conferred with opposing counsel, and, though this letter was not prepared jointly, they agree that continued abatement is warranted under the circumstances.

Kindest Regards, Kuhn Hobbs PLLC

By: __________________________ Lisa Bowlin Hobbs c: Douglas R. Drucker & Kirby D. Hopkins, DRUCKER | HOPKINS (via e-service)