What does abatement mean in this case?

Abatement means the Court of Appeals has paused the appeal for 30 days to give the parties time to finish settlement steps that require city council approval.

Who is affected by this order?

The parties to the appeal—AusPro Enterprises, MMK Holdings (Planet K), and the City of Cedar Park—are affected because their appellate case is on hold.

What happens next in the appeal?

By May 8, 2026, the parties must file a motion to dismiss the appeal if they settled, a motion to reinstate if settlement fails, or a status report or motion to extend the abatement if more time is needed.

Can the abatement be extended?

Yes. The court invited the parties to file a motion to extend the abatement along with a status report if they need more time.

AusPro Enterprises, L.P. and MMK Holdings, L.P. D/B/A Planet K v. the City of Cedar Park

Docket 03-25-00876-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Civil

Filed: Apr 8, 2026 · 3 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 3rd District (Austin)
Type: Lead Opinion
Case type: Civil
Docket: 03-25-00876-CV

Appeal from the 395th District Court of Williamson County, Texas, abated by the Court of Appeals while parties finalize settlement.

Summary

The Texas Third Court of Appeals granted a joint motion by AusPro Enterprises, L.P. and MMK Holdings, L.P. (doing business as Planet K) and the City of Cedar Park to abate (pause) the appeal for 30 days so the parties can finalize a settlement that requires city council approval. The court ordered the parties to file either a motion to dismiss, a motion to reinstate, or a status report (or a motion to extend the abatement) by May 8, 2026. The appeal remains abated until further court order.

Issue Decided

Whether the court should abate the appeal to allow the parties to finalize a settlement requiring municipal approval

Court's Reasoning

The parties jointly requested abatement to conclude settlement efforts that depend on Cedar Park City Council approval. The court found good cause to pause appellate proceedings briefly to allow those efforts to conclude and referenced a prior analogous appellate order as guidance. The limited abatement preserves the parties' ability to dismiss or reinstate the appeal after settlement progress is resolved.

Authorities Cited

Standard Pac. of Tex., Inc. v. Aaron Thomison Masonry, Inc.No. 03-24-00367-CV, 2025 WL 320970 (Tex. App.—Austin Jan. 29, 2025, order & mem. op.)

Parties

Appellant: AusPro Enterprises, L.P.
Appellant: MMK Holdings, L.P. d/b/a Planet K
Appellee: The City of Cedar Park
Judge: Ryan D. Larson

Key Dates

Court order date: 2026-04-08
Deadline to file dismissal/reinstatement/status or extension motion: 2026-05-08

What You Should Do Next

1
Finalize settlement and seek city council approval
Parties should complete their settlement agreement and obtain the Cedar Park City Council's approval if required for the settlement to be effective.
2
File a motion to dismiss if settlement is finalized
If the parties reach an approved settlement, they should file a motion to dismiss the appeal with the Court of Appeals by the May 8, 2026 deadline.
3
File status report or motion to extend if needed
If more time is needed to finalize or approve the settlement, the parties should file a status report and a motion to extend the abatement by May 8, 2026.

Frequently Asked Questions

What does abatement mean in this case?: Abatement means the Court of Appeals has paused the appeal for 30 days to give the parties time to finish settlement steps that require city council approval.
Who is affected by this order?: The parties to the appeal—AusPro Enterprises, MMK Holdings (Planet K), and the City of Cedar Park—are affected because their appellate case is on hold.
What happens next in the appeal?: By May 8, 2026, the parties must file a motion to dismiss the appeal if they settled, a motion to reinstate if settlement fails, or a status report or motion to extend the abatement if more time is needed.
Can the abatement be extended?: Yes. The court invited the parties to file a motion to extend the abatement along with a status report if they need more time.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00876-CV

AusPro Enterprises, L.P. and MMK Holdings, L.P. d/b/a Planet K, Appellants

The City of Cedar Park, Appellee

FROM THE 395TH DISTRICT COURT OF WILLIAMSON COUNTY
NO. 23-0700-C395, THE HONORABLE RYAN D. LARSON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

The parties jointly move for an abatement of this appeal so that they may complete

settlement discussions that, they represent, “are very near a final agreement” but “must be

approved by the Cedar Park City Council.”

We grant the parties’ joint motion and abate the appeal for 30 days to allow the

parties time to finalize their agreement. The parties shall submit a motion to dismiss the appeal, a

motion to reinstate the appeal, or a status report on the settlement proceedings accompanied by a

motion to extend the abatement on or before May 8, 2026. The case will remain abated until

further order of this Court. See Standard Pac. of Tex., Inc. v. Aaron Thomison Masonry, Inc.,
No. 03-24-00367-CV, 2025 WL 320970, at *1 (Tex. App.—Austin Jan. 29, 2025, order &

mem. op.).

It is ordered on April 8, 2026.

Before Justices Triana, Kelly, and Crump

Abated

Filed: April 8, 2026