Texas Windstorm Insurance Association, Brush Country Claims, LTD and David Gutierrez v. David James and Sue James ( 2018 )

NUMBER 13-17-00401-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
TEXAS WINDSTORM INSURANCE
ASSOCIATION, BRUSH COUNTY
CLAIMS, LTD AND DAVID GUTIERREZ, Appellants,
v.
DAVID JAMES AND SUE JAMES, Appellees.
On appeal from the 60th District Court
of Jefferson County, Texas.
ORDER OF ABATEMENT
Before Justices Contreras, Longoria, and Hinojosa
Order Per Curiam
Currently before the Court is (1) an appellants’ brief filed by Texas Windstorm
Insurance Association, Brush Country Claims, Ltd., and David Gutierrez; (2) an appellees’
brief filed by David James and Sue James; and (3) a reply brief filed by appellants. Both
appellants and appellees have requested oral argument. The Court notes that
appellants’ brief was filed before USAA Texas Lloyds Company v. Menchaca, 545 S.W.3d
479 (Tex. 2018) was issued. In light of the fact that briefs were filed before the final
iteration of Menchaca was issued, the Court invites supplemental briefing on what effect,
if any, Menchaca and its progeny, if any, have on the disposition of this appeal.
Appellants’ and Appellees’ initial supplemental briefs shall not exceed 4,500 words and
appellants’ supplemental reply brief shall not exceed 2,400. The supplemental briefing
calendar shall commence on today’s date and be governed by rule 38.6 of the Texas
Rules of Appellate Procedure. See TEX. R. APP. P. 38.6. The parties request for oral
argument is CARRIED WITH THE CASE. This case is ABATED pending completion of
the supplemental briefing at which time the case will be reinstated.
It is so ORDERED.
PER CURIAM
Delivered and filed the
18th day of July, 2018.
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