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Panda Sherman Power Intermediate Holdings I, LLC Panda Power Generation Infrastructure Fund, LLC, D/B/A Panda Power Funds And Panda Sherman Power Holdings, LLC v. H.B. "Trip" Doggett Warren Lasher Bill Magness And Kent Saathoff

Citation: Not availableDocket: 03-18-00695-CV

Court: Court of Appeals of Texas; March 2, 2020; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellants Panda Sherman Power Intermediate Holdings I, LLC, Panda Power Generation Infrastructure Fund, LLC, and Panda Sherman Power Holdings, LLC submitted an unopposed motion to abate their appeal for judicial economy. They indicated that two related cases—In re Panda Power Infrastructure Fund, LLC (No. 18-0792) and Electric Reliability Council of Texas v. Panda Power Generation Infrastructure Fund, LLC (No. 18-0781)—are pending before the Supreme Court of Texas. The outcomes of these cases may clarify issues pertinent to the current appeal. The appellants requested that the appeal be abated until at least June 30, 2020, the end of the current Supreme Court term. The Court granted the motion, ordered the appeal to be abated, and required the appellants to file a status report by June 30, 2020. All appellate deadlines will be suspended during the abatement period. The order was issued by Chief Justice Rose and Justices Baker and Triana on March 3, 2020.

Legal Issues Addressed

Abatement of Appeal for Judicial Economy

Application: The Court granted the motion to abate the appeal in order to allow related cases pending before the Supreme Court of Texas to clarify issues relevant to the current appeal.

Reasoning: The Court granted the motion, ordered the appeal to be abated, and required the appellants to file a status report by June 30, 2020.

Suspension of Appellate Deadlines During Abatement

Application: All appellate deadlines are suspended while the appeal is abated, ensuring that the proceedings are paused until a status report is filed or further court order.

Reasoning: All appellate deadlines will be suspended during the abatement period.