Texas Windstorm Insurance Association, Brush Country Claims, LTD and David Gutierrez v. David James and Sue James

Opinion

NUMBER 13-17-00401-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

TEXAS WINDSTORM INSURANCE ASSOCIATION, BRUSH COUNTY CLAIMS, LTD AND DAVID GUTIERREZ, Appellants,

v.

DAVID JAMES AND SUE JAMES, Appellees.

On appeal from the 60th District Court of Jefferson County, Texas.

ORDER OF ABATEMENT

Before Justices Contreras, Longoria, and Hinojosa Order Per Curiam

Currently before the Court is (1) an appellants’ brief filed by Texas Windstorm

Insurance Association, Brush Country Claims, Ltd., and David Gutierrez; (2) an appellees’

brief filed by David James and Sue James; and (3) a reply brief filed by appellants. Both appellants and appellees have requested oral argument. The Court notes that

appellants’ brief was filed before USAA Texas Lloyds Company v. Menchaca, 545 S.W.3d

479 (Tex. 2018) was issued. In light of the fact that briefs were filed before the final

iteration of Menchaca was issued, the Court invites supplemental briefing on what effect,

if any, Menchaca and its progeny, if any, have on the disposition of this appeal.

Appellants’ and Appellees’ initial supplemental briefs shall not exceed 4,500 words and

appellants’ supplemental reply brief shall not exceed 2,400. The supplemental briefing

calendar shall commence on today’s date and be governed by rule 38.6 of the Texas

Rules of Appellate Procedure. See TEX. R. APP. P. 38.6. The parties request for oral

argument is CARRIED WITH THE CASE. This case is ABATED pending completion of

the supplemental briefing at which time the case will be reinstated.

It is so ORDERED.

Delivered and filed the 18th day of July, 2018.