COURT OF APPEALS

SANDEE BRYAN MARION

 CHIEF JUSTICE

KAREN ANGELINI

MARIALYN BARNARD

REBECA C. MARTINEZ

PATRICIA O. ALVAREZ

LUZ ELENA D. CHAPA

IRENE RIOS

 JUSTICES

FOURTH COURT OF APPEALS DISTRICT

CADENA-REEVES JUSTICE CENTER 

300 DOLOROSA, SUITE 3200

SAN ANTONIO, TEXAS 78205-3037

WWW.TXCOURTS.GOV/4THCOA.ASPX

KEITH E. HOTTLE, 

CLERK OF THE 

COURT

TELEPHONE

(210) 335-2635

FACSIMILE NO.

(210) 335-2762

December 10, 2018

Honorable Michael E. Mery

Judge, 37th Judicial District Court

Cadena-Reeves Justice Center

100 Dolorosa, 4th Floor

San Antonio, TX 78205

* DELIVERED VIA E-MAIL *

Russell J. Amsberry

The Amsberry Law Firm

24165 IH 10 West, Ste 217 #230

San Antonio, TX 78257

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Timothy R. Price

Chunn. Price, Harris, & Sloan 

PLLC

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100

San Antonio, TX 78232

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RE: Court of Appeals Number: 04-18-00914-CV

Trial Court Case Number: 2018CI16905

Style: In re Allison Nail A/K/A Allie Nail

Enclosed please find the order which the Honorable Court of Appeals has 

issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me. 

Very truly yours,

KEITH E. HOTTLE, 

Clerk of Court

______________________

Cecilia Phillips

Deputy Clerk, Ext. 5-3221 

cc: Dinah L. Gaines (DELIVERED VIA E-MAIL)

Donna Kay McKinney (DELIVERED VIA E-MAIL)

Jeremy Sloan (DELIVERED VIA E-MAIL)
Fourth Court of Appeals

San Antonio, Texas

December 10, 2018

No. 04-18-00914-CV

IN RE Allison NAIL a/k/a Allie Nail

Original Mandamus Proceeding1

ORDER

Sitting: Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

On November 29, 2018, relator filed a petition for writ of mandamus. Relator argued the 

trial court abused its discretion by denying a plea in abatement filed pursuant to Texas Civil 

Practice and Remedies Code section 73.062. According to relator, the trial court claimed it 

lacked jurisdiction to abate the case because the case would automatically abate on December 2, 

2018. In her petition, relator asked this court to order the trial court to vacate its order denying 

the immediate abatement and order the trial court to issue an order abating the case effective 

November 29, 2018. Relator also filed a motion for emergency relief, asking this court to stay a 

November 30, 2018 deposition. On November 30, 2018, we granted the stay but did not 

otherwise rule on relator’s petition for writ of mandamus. 

It appears relator has now obtained the sought-after abatement. Therefore, relator is 

ORDERED, no later than December 21, 2018, to either (1) file a motion to dismiss her petition 

 

1 This proceeding arises out of Cause No. 2018CI16905, styled Nicholas Ortega and Demi Ortega f/k/a Demi Myler 

v. Allison Nail a/k/a Allie Nail, pending in the 408th Judicial District Court, Bexar County, Texas, the Honorable 

Michael E. Mery presiding.
for writ of mandamus or (2) show cause in writing why the petition for writ of mandamus should 

not be dismissed as moot.

It is so ORDERED on December 10, 2018.

PER CURIAM

 ATTESTED TO: ___________________________

 KEITH E. HOTTLE,

 Clerk of Court