Narrative Opinion Summary
An Abatement Order was filed on August 26, 2021, regarding the case In Re JLG Industries, Inc. and Oshkosh Corporation (NO. 14-20-00850-CV) in The Fourteenth Court of Appeals, originating from the 412th District Court of Brazoria County, Texas (Trial Court Cause No. 94538-CV). On March 5, 2021, the parties informed the Court that they had reached a settlement. Following a status inquiry by the Court on August 11, 2021, both parties reported ongoing settlement efforts on August 23, 2021. Consequently, the Court issued an order abating the original proceeding, removing it from the active docket until November 1, 2021. The proceeding will be reinstated on the docket at that time or upon filing of a motion to dismiss the writ of mandamus by either party. The Court may also consider a motion to reinstate from any party or may do so on its own accord. The order was issued per curiam by Justices Bourliot, Zimmerer, and Poissant.
Legal Issues Addressed
Abatement of Proceedingssubscribe to see similar legal issues
Application: The Court issued an abatement order to pause the proceedings due to ongoing settlement efforts between the parties.
Reasoning: Consequently, the Court issued an order abating the original proceeding, removing it from the active docket until November 1, 2021.
Reinstatement of Abated Proceedingssubscribe to see similar legal issues
Application: The Court outlined conditions under which the abated proceeding could be reinstated, including the filing of a motion to dismiss or reinstate by either party or on the Court's own motion.
Reasoning: The proceeding will be reinstated on the docket at that time or upon filing of a motion to dismiss the writ of mandamus by either party. The Court may also consider a motion to reinstate from any party or may do so on its own accord.
Settlement in Civil Proceedingssubscribe to see similar legal issues
Application: The parties in the case informed the Court of a settlement, prompting the abatement of the proceedings.
Reasoning: On March 5, 2021, the parties informed the Court that they had reached a settlement.