Bruce Berg, Stuart Cartner, Kevin Doyle, Walter Haydock, Edward Leh, Kevin Murphy, Philip Schantz, Dais Partners, L.P., Singer Bros., L.L.C., Skeleton Lake, L.L.C., and Wildcat Lake Partners, Appellants v. II LLC (2015)

MEMORANDUM OPINION

This Court was previously notified that the parties to this appeal were subject to an order entered by a United States district court in a separate action directing them not to further pursue this separate litigation.¹  As a result of that bar order, the Appellants asked this Court to abate their appeal pending a final determination by the federal courts on the propriety of pursuing this litigation.  By our order dated September 16, 2014, we suspended the appeal and, for administrative purposes, abated the case and treated it as closed.  Our previous order stated, “Any party may seek reinstatement by promptly filing a motion with an attached certified copy of the order showing that the injunction or order of the federal court no longer restricts pursuit of this litigation․”  The parties recently notified this Court that the federal court's order barring them from pursuing this appeal is now final.  Accordingly, we simultaneously reinstate and dismiss this appeal.

FOOTNOTES

1.   Originally appealed to the Fifth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts.  See Tex. Gov't Code Ann. § 73.001 (West 2013).  We are unaware of any conflict between precedent of the Fifth Court of Appeals and that of this Court on any relevant issue.  See Tex.R.App. P. 41.3.

Memorandum Opinion by Justice Moseley