Peridot Joint Venture, Millennium Exploration Company, LLC and Richard Monroy v. RPH Capital Partners, L.P.

Opinion

Fourth Court of Appeals

San Antonio, Texas

September 15, 2017

No. 04-16-00808-CV

PERIDOT JOINT VENTURE, Millennium Exploration Company, LLC and Richard Monroy, Appellants

v.

RPH CAPITAL PARTNERS, L.P., Appellee

From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2015-CI-17142 Honorable Antonia Arteaga, Judge Presiding

ORDER

On June 23, 2016, appellee filed an “Opposed Motion to Dismiss Restricted Appeal as Moot, or in the Alternative, Unopposed Motion to Abate Restricted Appeal.” In the motion, appellee advises this court that “[t]he fundamental issue at the heart of the Restricted Appeal and Mandamus Proceeding is whether the Trial Court’s December 2015 Default Judgment is valid and enforceable,” and it “intends to file a Petition for Writ of Mandamus in the Texas Supreme Court,” which may potentially restore the December 2015 default judgment . We further note that on August 25, 2017, a petition for writ of mandamus has been filed in the Texas Supreme Court.

Based on the foregoing, we GRANT the agreed motion to abate and ORDER this appeal abated pending final resolution of any action relating to Cause No. 04-16-00424-CV, In re RPH Capital Partners, LP, including appellant’s filing of a petition for writ of mandamus. We further ORDER the parties to notify this court when the resolution of the pending petition is finally resolved.

All other deadlines are suspended pending further order of this court.

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Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of September, 2017.

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KEITH E. HOTTLE, Clerk of Court