Narrative Opinion Summary
The Texas Court of Appeals, Third District, has abated the appeal in the case between the City of Austin and Ryan-O Excavating, Inc. The parties have reached a settlement, pending approval from the City’s governing body. Due to the uncertain duration of this approval process, the court has agreed to pause the appeal. The parties are instructed to reinstate the appeal and file a motion to dismiss once the governing body approves the settlement. If the appeal remains pending as of September 1, 2005, the parties must submit a report detailing the status of the settlement process. The opinion was filed on May 27, 2005, by Justice Bob Pemberton, with Chief Justice Law and Justice B. A. Smith concurring.
Legal Issues Addressed
Abatement of Appealsubscribe to see similar legal issues
Application: The court has decided to pause the appeal due to external circumstances affecting the case, specifically the pending approval of a settlement by a governing body.
Reasoning: The Texas Court of Appeals, Third District, has abated the appeal in the case between the City of Austin and Ryan-O Excavating, Inc.
Procedural Requirements for Settlement Approvalsubscribe to see similar legal issues
Application: The parties are required to reinstate the appeal and file a motion to dismiss after the settlement receives approval, ensuring compliance with procedural directives.
Reasoning: The parties are instructed to reinstate the appeal and file a motion to dismiss once the governing body approves the settlement.
Reporting Obligations in Abated Appealssubscribe to see similar legal issues
Application: The parties must provide the court with a status report if the appeal is still pending by a specific date, ensuring ongoing communication about the settlement process.
Reasoning: If the appeal remains pending as of September 1, 2005, the parties must submit a report detailing the status of the settlement process.
Settlement Pending Approvalsubscribe to see similar legal issues
Application: The settlement between the parties is contingent upon approval by the City’s governing body, which affects the progress of the legal proceedings.
Reasoning: The parties have reached a settlement, pending approval from the City’s governing body.