No. 03-15-00071-CV

IN THE

THIRD COURT OF APPEALS

AUSTIN, TEXAS

____________________________________________________________

BECKY, LTD., 

Appellant

V. 

MILESTONE COMMUNITY BUILDERS, LLC, THE CITY OF CEDAR PARK, 

STEPHEN THOMAS, MATT POWELL, MITCH FULLER, LYLE GRIMES, 

LOWELL MOORE, JON LUX, AND DON TRACY, 

 Appellees 

_____________________________________________________________

ON APPEAL FROM THE

126TH JUDICIAL DISTRICT COURT, 

TRAVIS COUNTY, TEXAS

______________________________________________________________

APPELLANT’S UNOPPOSED

MOTION TO ABATE APPEAL

FOR ENTRY OF FINAL JUDGMENT

______________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Comes now Appellant, Becky, Ltd, and files this Motion to Abate Appeal 

for Entry of Final Judgment and would respectfully show the Court as follows:

On December 23, 2014, the trial court signed an order granting certain of the 

Appellees’ pleas to the jurisdiction. Incorrectly believing that this order disposed 

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ACCEPTED

03-15-00071-CV

4219044

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/19/2015 4:23:41 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/19/2015 4:23:41 PM JEFFREY D. KYLE Clerk
of all parties and all claims, and was thus a final judgment, Becky instituted this 

regular appeal on January 30, 2015. It has now come to Appellant’s attention that 

the appealed order is not yet final since it did not dispose of all claims and all 

parties.

The remaining Defendant has asked the trial court to enter an order granting 

its motion to dismiss as well, and Appellant anticipates that this order will be 

entered shortly.

Pursuant to Texas Rule of Appellate Procedure 27.2, Appellant asks that this 

Court allow the appealed order that is not yet final to be modified so as to be made 

final, and give effect to this appeal as if it had been pursued after the final order is 

signed and entered. Appellant asks that this Court abate this appeal until the final 

order is signed. Appellant will promptly notify this Court when this occurs.

Appellant did not intend to and did not pursue an interlocutory appeal as to 

the December 23 order, and does not waive its right to challenge that order after it 

becomes final. In the event this Court denies this motion, Appellant will 

voluntarily dismiss its premature appeal and pursue a new appeal after entry of a 

final judgment.

Wherefore, Appellant requests that this Court abate this appeal pending 

entry of final judgment by the trial court, or alternatively, allow Appellant to 

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voluntarily dismiss this premature appeal and pursue a new appeal after entry of a 

final judgment.

Respectfully submitted,

HUSCH BLACKWELL LLP

By /s/ Elizabeth G. Bloch

ELIZABETH G. BLOCH

State Bar No. 02495500

Heidi.bloch@huschblackwell.com

111 Congress Avenue, Suite 1400

Austin, Texas 78701-4093

(512) 472-5456 (Telephone)

(512) 479-1101 (Facsimile)

Leonard B. Smith

State Bar No. 18643100

lsmith@leonardsmithlaw.com

P.O. Box 684633

Austin, Texas 78768

(512) 914-3732 (Telephone)

(512) 532-6446 (Facsimile)

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE

The undersigned certifies that she has consulted via email with counsel for 

Appellees, and they have indicated that Appellees do not oppose this motion.

/s/ Elizabeth G. Bloch

ELIZABETH G. BLOCH

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document 

was served on the 19th day of February, 2015, via the Court’s electronic filing 

system and/or email to the following counsel of record:

Cobby Caputo 

ccaputo@bickerstaff.com

Bradley B. Young

byoung@bickerstaff.com

Bickerstaff Heath Delgado Acosta LLP

3711 South MoPac Expressway

Building One, Suite 300

Austin, Texas 78746

Mark Hawkins 

mhawkins@abaustin.com

Armbrust & Brown, PLLC

100 Congress, Suite 1300

Austin, Texas 78701

/s/ Elizabeth G. Bloch

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