Michael J. DeLitta v. Nancy Schaefer

Opinion

ACCEPTED

03-15-00280-CV

7530269

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/26/2015 9:38:41 AM

JEFFREY D. KYLE

CLERK

No. 03-15-00280-CV

In the Third Court of Appeals3rd COURT FILED IN

OF APPEALS

AUSTIN, TEXAS

Austin, Texas 10/26/2015 9:38:41 AM JEFFREY D. KYLE

_______________________________________________

Clerk

Michael J. DeLitta,

Appellant

v.

Nancy Schaefer

Appellee

__________________________________________

JOINT MOTION TO ABATE FOR SETTLEMENT

_______________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

The parties file this joint motion to abate so that their settlement agreement can

be accomplished pursuant to Texas Rule of Appellate Procedure 42.

1. Appellant filed his notice of accelerated appeal on May 11, 2015. Briefing

has been submitted and the case is ready to be set.

2. The parties have reached a settlement of the underlying dispute and

request that the Court abate this appeal for sixty days to allow time for the settlement

to be finalized.

3. If the settlement has not been consummated in sixty days, the parties will

report to the Court on the status of efforts to complete the settlement. Once the

settlement is finalized, the parties anticipate filing a motion to dismiss the appeal.

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PRAYER

The parties jointly pray that this Court grant a sixty day abatement. The parties

also pray for any other relief to which they are entitled.

Dated: October 26, 2015 Respectfully submitted,

DRUCKER | HOPKINS KUHN HOBBS PLLC 21 Waterway Avenue, Suite 300 3307 Northland Drive, Suite 310 The Woodlands, Texas 77380 Austin, Texas 78731 (281) 362-2863 (512) 476-6003 (855) 558-1745 (fax) (512) 476-6002 (fax)

By:/s/ Douglas R. Drucker By:/s/ Lisa Bowlin Hobbs Douglas R. Drucker Lisa Bowlin Hobbs State Bar No. 06136100 State Bar No. 24026905 Kirby D. Hopkins Kurt Kuhn State Bar No. 24034488 State Bar No. 24002433

Attorney for Appellant, Donald R. Taylor Michael DeLitta State Bar No. 19688800 Of Counsel Stacey Reese

State Bar No. 24056188 TAYLOR DUNHAM & RODRIGUEZ LLP 301 Congress Avenue, Suite 1050 Austin, Texas 78701 (512) 473-2257

Howard F. Carter, Jr.,

State Bar No. 03916500 HOWARD F. CARTER, JR., P.C. 5600 Tennyson Parkway, Suite 160 Plano, Texas 75024 (972) 455-2001

Counsel for Appellee, Nancy Schaefer

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CERTIFICATE OF SERVICE

I hereby certify that, on October 26, 2015, and in compliance with the Texas Rules of Appellate Procedure, a true and correct copy of the foregoing motion has been served via electronic service as follows:

Douglas R. Drucker via e-Service Kirby D. Hopkins DRUCKER | HOPKINS LLP 21 Watery Avenue, Suite 300 The Woodlands, TX 77380 Counsel for Appellant

Eric J. Taube via e-Service HOHMANN, TAUBE & SUMMERS LLP 100 Congress Avenue, 18th Floor Austin, Texas 78701 Counsel for Axiom entities and Jeff Compton

/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs