Rolando Acevedo v. the O'Quinn Law Firm, John M. O'Quinn & Associates, LLP, and T. Gerald Treece, as Independent of the Estate of John M. O'Quinn
Date Filed2014-12-23
Docket01-14-00138-CV
Cited0 times
StatusPublished
Full Opinion (html_with_citations)
COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER OF ABATEMENT
Appellate case name: Rolando Acevedo, et al., v. The OāQuinn Law Firm, et al.
Appellate case number: 01-14-00138-CV
Trial court case number: 392,247-416
Trial court: Probate Court Number 2 of Harris County
After this Courtās December 16, 2014 Order reinstated this case, intervenors-
appellants filed an āUnopposed Second Motion to Abate Appeal Pending Settlement
Approvalā for another ninety days until March 20, 2015. Appellantsā counsel explains
that he had failed to file a motion or further status update by December 2, 2014, because
that deadline was not calendared. Appellantsā counsel, however, contends that, since his
last update letter filed with this Court on November 3, 2014, settlement negotiations have
been fruitful as the trial court signed an order on November 7, 2014, appointing Judge
Frank Price as Special Master to apportion each clientās share of the proposed settlement.
Judge Price is expected to complete his tasks within the next ten days and releases will
then have to be sent to all fifty appellants and other clients connected to this suit,
appellants request to extend the abatement of this appeal. Because appellantsā counsel
apparently mistakenly failed to calendar the December 2, 2014, deadline, and a Special
Master has been appointed, appellantsā motion to abate is granted.
Accordingly, this appeal is abated again, treated as a closed case, and removed
from this Courtās active docket. However, counsel for both parties is instructed to update
this Court regarding the status of settlement of this appeal every thirty days from the
date of this order. Unless otherwise advised via motion to extend the abatement, or the
appeal is dismissed upon a motion, the Court will reinstate this appeal on March 23,
2015. Upon reinstatement, appellantsā brief will be due April 22, 2015.
It is so ORDERED.
Judgeās signature: /s/ Evelyn V. Keyes
ļ¾
Date: December 23, 2014