Save Our Springs Alliance v. City of Dripping Springs (Tex.App. Austin 2007)

Save Our Springs Alliance v. City of Dripping Springs; Todd Purcell, in his Official Capacity as Mayor of the City of Dripping Springs; and Mak Foster Ranch, L.P., No. (Tex.App.- Austin, Dec. 7, 2007)(Opinion by Chief Justice Law ) (bankruptcy abatement) (Before Chief Justice Law, Justices Pemberton and Waldrop)
Appeal from 207th District Court of Hays County

FROM THE DISTRICT COURT OF HAYS COUNTY, 207TH JUDICIAL DISTRICT
NO. 02-1748, HONORABLE JACK H. ROBISON, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Save Our Springs Alliance (SOS) has moved to abate the proceedings in this appeal. Although SOS filed for bankruptcy protection, this appeal proceeded under a lift of the automatic stay by the bankruptcy court (In re Save Our Springs Alliance, Inc., No. 07010642-FM, United States Bankruptcy Court, Western District of Texas, Austin Division, Chapter 11). That court has now approved a settlement agreement between SOS and Mak Foster Ranch, L.P. Part of that agreement requires an abatement of this case for the parties to complete certain conditions precedent before a dismissal of SOS's claims against Mak Foster Ranch. We grant the motion to abate. SOS should file a status report thirty days after the date of this opinion informing the Court about the progress made toward fulfilling the conditions precedent. At that time, SOS should also inform us concerning the effect, if any, of the bankruptcy settlements (1) on SOS's claims against the City of Dripping Springs and Todd Purcell in his capacity as mayor. (2)

W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Pemberton and Waldrop
Abated

Filed: December 7, 2007

1. SOS has dismissed its claims against Cypress-Hays, L.P., who is no longer a party to this case. See Save Our Springs Alliance v. City of Dripping Springs, No. 03-04-683-CV, slip. op., (Tex. App.--Austin Dec. 7, 2007) (order).
2. SOS has also filed a motion to expedite our ruling on the motion to abate. Inasmuch as the certificate of conference on the motion to abate noted that counsel for the City of Dripping Springs and Todd Purcell did not agree to the motion to abate, we waited until the expiration of the ten-day response period. See Tex. R. App. P. 10.3(a). No response indicating a reason for opposition has been filed. As we are now ruling on the motion to abate, the motion to expedite is dismissed as moot.

PROBATE BANKRUPTCY STAY
The Estate of Derrich D. Pollock, Deceased; System 5 Trading Fund; Rod Watkins; Steve Watkins; Julee Pollock, as Administrator of the Estate of Derrich D. Pollock, Deceased, and Julee Pollock, Individually v. Ronald Moyer, Dianne Moyer and James L. Johnson, No. Opinion by Chief Justice Law (Before Chief Justice Law, Justices Puryear and Waldrop)

FROM THE PROBATE COURT NO. 1 OF TRAVIS COUNTY,
NO. 86345A, HONORABLE GUY S. HERMAN, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

This Court has received notice that appellant Julee Pollock has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, Austin Division, Chapter 11, No. 07-11688). Thus, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8. Any party may file a motion to reinstate upon the occurrence of an event that would allow the appeal to proceed. See Tex. R. App. P. 8.3. Failure to notify this Court of a lift of the automatic stay or termination of the bankruptcy case may result in dismissal of this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Waldrop
Bankruptcy
Filed: October 3, 2007