TK Hanks LP and Paloma Capital LLC v. Enerfin Field Services LLC

• Court: Court of Appeals of Texas
• Decided: January 9, 2015
• Docket: 04-14-00715-CV
• Status: Published

Opinion

ACCEPTED 04-14-00715-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 1/9/2015 3:34:05 PM KEITH HOTTLE CLERK

NO. 04-14-00715-CV

FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS SAN ANTONIO, TEXAS FOR THE FOURTH JUDICIAL DISTRICT OF TEXAS 01/9/2015 3:34:05 PM AT SAN ANTONIO KEITH E. HOTTLE Clerk

TK HANKS LP AND PALOMA CAPITAL, LLC,

Appellants,

v.

ENERFIN FIELD SERVICES LLC,

Appellee.

APPELLEE’S UNOPPOSED MOTION TO ABATE APPEAL PENDING SETTLEMENT

Enerfin Field Services LLC, the appellee, moves to abate this appeal

temporarily to permit the parties time to document their settlement properly. Enerfin

shows:

The parties have reached an agreement settling this matter, but need time

to document their agreement.

TK Hanks LP and Paloma Capital, LLC, filed their appellants’ brief on

December 30, 2014. Enerfin’s brief is due January 30, 2015. The parties have now

reached an agreement to settle this matter. The parties need time to prepare appropriate

documents setting out their agreement. The parties wish to avoid the unnecessary effort

and expense associated with further briefing while maintaining the status quo until that occurs. The parties anticipate jointly filing papers seeking final disposition of this case

once the settlement has been consummated.

CONCLUSION

The court should abate this appeal because the parties have reached an

agreement resolving their dispute and need time to prepare appropriate documents related

to that agreement.

Respectfully submitted,

/s/ Roy L. Barnes ROY L. BARNES State Bar No. 01772500 TUCKER, BARNES, GARCIA & DE LA GARZA, P.C. 712 Main St., Suite 1600 Houston, Texas 77002 (713) 228-7425 (713) 228-7329 (Telecopy)

2 CERTIFICATE OF CONFERENCE

I certify that I conferred with Judith Blakeway, Esq., attorney for the appellants, concerning the foregoing motion and that she stated the appellants are unopposed to the relief sought.

/s/ Roy L. Barnes ROY L. BARNES

CERTIFICATE OF SERVICE

Pursuant to E-Filing Standing Order, I certify that on January 9, 2015, I electronically filed the foregoing with the Clerk of Court using the Efile.TXCourts.gov electronic filing system which will send notification of such filing:

Judith R. Blakeway, Esq. 2301 802 N. Caranchua, Suite 1350 Corpus Christi, TX 78401 (Attorney for Appellants)

on this 9th day of January, 2015.