Case Information
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FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 4/3/2015 7:14:47 PM KEITH E. HOTTLE Clerk FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 4/6/2015 4:10:00 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00096-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/3/2015 7:14:47 PM KEITH HOTTLE Cause No. 2014-CI-03033 CLERK
MOAB CONSTRUCTION § IN THE DISTRICT COURT
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v. § 407th JUDICAL DISTRICT
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ALS 88 DESIGN BUILD, LLC § BEXAR COUNTY, TEXAS
MOTION TO ABATE APPEAL
Now Comes, ALS 88 Design Build, LLC, and files this Motion to Abate Appeal and in support
hereof respectfully shows as follows:
I.
ALS 88 Design Build, LLC filed a notice of interlocutory appeal after the trial court denied its
motion to dismiss MOAB Construction Company’s claims pursuant to Tex. Civ. Prac. & Rem. Code
§150.002(b) & (e), on the ground that the certificate of merit filed by MOAB to support its claims failed
to comply with the mandatory requirements of §150.002(b).
ALS 88 Design Build, LLC filed a motion to stay the jury trial of the case which was denied by
this Court and the case proceeded to trial; a jury returned a verdict in favor of MOAB Construction
Company, Inc. and ALS 88 Design Build, LLC filed an amended notice of appeal to include the merits of
MOAB’s claims, although judgment on the jury verdict has not yet been entered. ALS 88 Design Build,
LLC filed a Motion for Judgment NOV which is set for hearing on April 8, 2015. MOAB Construction
Company, Inc.’s Motion to Enter Judgment is also set for hearing on April 8, 2015.
ALS 88 Design Build, LLC moves to abate this appeal pending the trial court’s consideration of
ALS 88 Design Build, LLC’s Motion for Judgment NOV and MOAB’s Motion to Enter Judgment, and
further moves to extend the deadline to file complete copies of the clerk’s record and the reporter’s
record as necessary.
Respectfully submitted this the 3rd day of April, 2015.
Regina Bacon Criswell
Attorney and Counselor at Law
Carriage Place
7803 Bent Briar
San Antonio, Texas 78250
By: /S/Regina Bacon Criswell
SBN: 01496580
(210) 775-1155 (ofc)
(210) 251-2071 (fax)
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and forgoing was served in
accordance with the Texas Rules of Appellate Procedure on the persons listed below in the
manner indicated.
Tom Hall Via e-file
Attorney for MOAB Construction Company, Inc.
/S/Regina Bacon Criswell
REGINA B. CRISWELL