IN RE: THE GUARDIANSHIP OF D.R.T. (2011)

MEMORANDUM OPINION

Opinion by Justice Lang

By a letter dated February 10, 2011, appellant's attorney informed the Court that the parties had settled all issues involved in this case, subject to the settlement being approved by the district and county courts in Hunt County.   The letter further stated that the parties hoped to present the settlement to those courts before the end of February 2011.

Although counsel for the parties subsequently orally informed this Court that the settlement would be finalized soon and a motion to dismiss would be filed with the Court, no motion to dismiss was filed.

On June 7, 2011 this Court ordered the parties to either file:  (1) a joint motion to dismiss this case;  (2) a motion asking the Court to consider the case on the issues presented in the parties' briefs;  or (3) written notification of the status of the settlement proceedings, including:  a specific description of any mediation exercises, detailed information on any impediment to the completion of the settlement, and, if applicable, the expected date by which the parties' settlement will be final.   We advised the parties that if they failed to take one of the aforementioned steps by June 14, 2011, the Court would, without further notice, dismiss the appeal.

On June 14, 2011, counsel for appellant filed a status report with this court.   According to this report, the parties “entered into” a Rule 11 settlement agreement on December 7, 2010 settling this, and three other related cases.   Also, according to appellant's status report, the parties reached a subsequent Rule 11 agreement on June 2, 2011.   On June 22, 2011, we ordered the parties to do one of the following within thirty days:  (1) file a joint motion to dismiss this case;  or (2) either party may file a motion asking the Court to consider this case on the issues presented in the briefs.

Appellant responded with appellant's July 22, 2011 agreed motion to abate and dismiss appeal.   In the motion, appellant asked us to abate this appeal for thirty days so the parties could submit to the trial court an order titled “Agreed Order Modifying Order Appointing Temporary Guardian, Order Appointing Permanent Guardian” and “thereafter dismiss this appeal.”

On July 26, 2011 we granted appellant's agreed motion to abate and dismiss.   We abated this appeal until August 22, 2011.   The abatement period has now expired and we dismiss this appeal.   See Tex.R.App. P. 42.1(a)(1).

100033F.P05

DOUGLAS S. LANG JUSTICE