Northeast Neighbors Coalition and TJFA, L.P. v. Texas Commission on Environmental Quality and BFI Waste Systems of North America, L.L.C.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00277-CV

Northeast Neighbors Coalition and TJFA, L.P., Appellants v.

Texas Commission on Environmental Quality and BFI Waste Systems of North America, L.L.C., Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. D-1-GN-09-004113, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

MEMORANDUM OPINION

PER CURIAM Appellants Northeast Neighbors Coalition and TJFA, L.P. and appellees Texas Commission on Environmental Quality and BFI Waste Systems of North America, L.L.C. filed a joint motion to extend time to file brief or alternatively, a motion for continuance pending the issuance of this Court’s opinion in Cause No. 03-10-00677-CV, TJFA, L.P. v. Texas Commission on Environmental Quality and BFI Waste Systems of North America, L.L.C., a related appeal that is set for oral argument in September 2011.

We grant the parties’ joint motion and abate this appeal until this Court has resolved the related Cause No. 03-10-00677-CV. Any party may file a motion to reinstate this appeal after the issuance of the opinion in the related cause. Failure to file a motion to reinstate within thirty days

2

after the issuance of the opinion in the related Cause No. 03-10-00677-CV may result in the dismissal of this cause for want of prosecution. See Tex. R. App. P. 42.3(b), (c).

Before Justices Puryear, Rose and Goodwin Abated Filed: July 29, 2011