Narrative Opinion Summary
Parties involved in the case concerning the Estate of Allen Eugene Denton, III, have reached a settlement agreement regarding all pending issues. They jointly requested the Tenth Court of Appeals to abate the appeal, allowing the trial court time to issue orders that will implement their agreement. The Court granted this request, abating the appeal for 30 days from the date of the order (February 6, 2014). If the trial court issues the necessary orders within this period, the parties must file a motion to reinstate and dismiss the appeal per their agreement. Should the trial court fail to issue the required orders, the parties are directed to provide a status report to the Court and request an extension of the abatement if needed.
Legal Issues Addressed
Abatement of Appeal for Settlement Implementationsubscribe to see similar legal issues
Application: The appellate court may grant a request to abate the appeal, providing the trial court with a set time period to issue necessary orders to implement the parties' settlement agreement.
Reasoning: They jointly requested the Tenth Court of Appeals to abate the appeal, allowing the trial court time to issue orders that will implement their agreement. The Court granted this request, abating the appeal for 30 days from the date of the order (February 6, 2014).
Procedural Requirements Following Trial Court Actionsubscribe to see similar legal issues
Application: If the trial court issues the necessary orders within the abatement period, the parties are required to file a motion to reinstate and dismiss the appeal according to their settlement agreement.
Reasoning: If the trial court issues the necessary orders within this period, the parties must file a motion to reinstate and dismiss the appeal per their agreement.
Settlement Agreements in Appellate Proceedingssubscribe to see similar legal issues
Application: The parties involved in an appellate case can reach a settlement agreement that addresses all pending issues, and jointly request the appellate court to abate the appeal to allow the trial court to issue orders implementing their agreement.
Reasoning: Parties involved in the case concerning the Estate of Allen Eugene Denton, III, have reached a settlement agreement regarding all pending issues.
Status Report Requirement Upon Abatement Expirysubscribe to see similar legal issues
Application: Should the trial court fail to issue the required orders within the abatement period, the parties must provide a status report to the appellate court and may request an extension of the abatement.
Reasoning: Should the trial court fail to issue the required orders, the parties are directed to provide a status report to the Court and request an extension of the abatement if needed.