Narrative Opinion Summary
An Abatement Order was issued on August 26, 2021, by the Fourteenth Court of Appeals in case number 14-21-00021-CV involving JLG Industries, Inc., Oshkosh Corporation, and Sunbelt Rentals, Inc. The order follows a notification from the parties that a settlement was reached on March 5, 2021. On August 11, 2021, the Court requested an update on the settlement status, and both parties reported ongoing settlement efforts on August 23, 2021. Consequently, the Court abated the original proceeding, designating it as closed and removing it from the active docket until November 1, 2021. The proceeding will be reinstated either on that date or upon the filing of a motion to dismiss the petition for writ of mandamus by the parties. The Court may also consider motions to reinstate the proceeding from any party or may do so on its own initiative. The panel for this order consists of Justices Bourliot, Zimmerer, and Poissant.
Legal Issues Addressed
Abatement of Proceedingssubscribe to see similar legal issues
Application: The Court issued an abatement order after the parties involved notified the court of a settlement, indicating that the proceeding would be temporarily closed and removed from the active docket.
Reasoning: Consequently, the Court abated the original proceeding, designating it as closed and removing it from the active docket until November 1, 2021.
Reinstatement of Abated Proceedingssubscribe to see similar legal issues
Application: The Court outlines conditions under which the proceeding may be reinstated, either automatically on a specified date or upon filing a motion to dismiss or reinstate by the parties.
Reasoning: The proceeding will be reinstated either on that date or upon the filing of a motion to dismiss the petition for writ of mandamus by the parties. The Court may also consider motions to reinstate the proceeding from any party or may do so on its own initiative.
Settlement Notification and Court Proceduressubscribe to see similar legal issues
Application: The parties informed the Court of a settlement, prompting the Court to request updates and eventually abate the proceeding to allow ongoing settlement efforts.
Reasoning: The order follows a notification from the parties that a settlement was reached on March 5, 2021. On August 11, 2021, the Court requested an update on the settlement status, and both parties reported ongoing settlement efforts on August 23, 2021.