JOHNSON v. STATE (2020)

ABATEMENT ORDER

Appellant has filed a motion to abate this appeal pending the trial court's ruling on a motion for new trial which appellant asserts is still pending in the trial court. Appellant contends that, due to emergency orders rendered by the Texas Supreme Court, the motion for new trial remains pending and has not been overruled by operation of law and that the trial court extended the time to rule on the motion until 30 days after the Governor's disaster declaration has been lifted.

The Court requested help, in the form of a response from the State to the motion, in anticipation of issuing an order that would provide guidance to the bench, the bar, and the litigants about the effect of the emergency orders on deadlines in proceedings in the same procedural posture as this one.

The State responded, stating:

Noting the unique situation presented by the Covid-19 pandemic, it appears that any ruling by the Court on the Motion to Abate would be limited to its precedential value to cases actually affected by Covid-19 extension orders.

The State's response provided the Court with no assistance in understanding the State's position on the specific impact of any emergency order due to Covid-19 or the trial court's extension order on this, or any other, proceeding. However, by not opposing the relief, we infer from the State's response that it agrees the time-frame for the trial court to rule on the motion for new trial was, and continues to be, extended by the emergency Covid-19 orders rendered by the Texas Supreme Court and the Governor's emergency declaration.

Accordingly, the Court orders this proceeding abated to the trial court until it rules on the motion for new trial or further order of this Court. Appellant is ORDERED to notify this Court when the trial court rules on the motion for new trial or when the motion is otherwise overruled by operation of law.

PER CURIAM