the School of the Ozarks, Inc. D/B/A College of the Ozarks v. Will W. Snead and Ray A. Snead

• Court: Court of Appeals of Texas
• Decided: May 24, 2006
• Docket: 07-06-00092-CV
• Status: Published

Opinion

NO. 07-06-0092-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

MAY 24, 2006

______________________________

THE SCHOOL OF THE OZARKS, INC. D/B/A COLLEGE OF THE OZARKS, APPELLANT

V.

WILL W. SNEAD AND RAY A. SNEAD, APPELLEES

_________________________________

FROM THE 69TH DISTRICT COURT OF HARTLEY COUNTY;

NO. 4289H; HONORABLE RON ENNS, JUDGE

_______________________________

Before QUINN, C.J., and REAVIS and HANCOCK, JJ.

ORDER ON UNOPPOSED MOTION TO ABATE APPEAL

Following perfection of this accelerated appeal, appellant The School of the Ozarks, Inc. d/b/a College of the Ozarks filed an unopposed motion to abate this matter pending execution of a settlement agreement. We grant the motion. The appeal is hereby abated and removed from the court's active docket, and all appellate deadlines are suspended until July 10, 2006.

The appeal may be reinstated upon motion by any party. Following execution of the settlement agreement, the parties will promptly file a motion to dismiss memorialized by a signed written agreement. The parties will immediately notify this Court in writing should they fail to finalize the settlement by the deadline. If the Court does not receive timely notification from the parties, the abatement will be lifted and the appeal will proceed on course.

It is so ordered.

Per Curiam

appellant's probation was revoked and he was ordered to serve a three year sentence in the Institutional Division of the Department of Criminal Justice and in addition was ordered to pay a fine of $500. Appellant gave timely notice of appeal from the conviction.

On January 31, 2003, we received appellant's motion to withdraw his notice of appeal and to dismiss the appeal. His attorney joined in the motion. Because appellant's motion meets all the requirements of Texas Rule of Appellate Procedure 42.2(a), and because this court has not delivered its decision prior to receiving appellant's motion, the motion must be, and is hereby, granted.

Having dismissed the appeal at appellant's request, no motions for rehearing will be entertained and our mandate will issue forthwith.

John T. Boyd

Senior Justice

Do not publish.

1.

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2003).