City of Taylor v. Marek - Official Capacity Case Abated
Summary
The Texas Court of Appeals has abated the appeals in City of Taylor, Texas, et al. v. Robert Marek, et al. for an additional 90 days to allow parties to continue settlement negotiations. The court granted the joint motion to extend the abatement period.
What changed
The Texas Court of Appeals, Third District, has granted a joint motion to abate the appeals in case numbers 03-25-00369-CV and 03-25-00546-CV for an additional 90 days. This abatement allows the parties involved in the dispute between the City of Taylor and various individuals and entities to continue settlement negotiations. The court's order extends the period for resolution efforts.
As a result of this order, the appeals are temporarily suspended. The parties are required to submit a motion to dismiss, a motion to reinstate, or a status report on settlement negotiations accompanied by a motion to extend the abatement by May 28, 2026. This action is procedural and does not alter the underlying legal claims but provides additional time for the parties to reach a resolution outside of further court proceedings.
What to do next
- Monitor case status for submission of motion to dismiss, reinstate, or status report by May 28, 2026.
Source document (simplified)
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Feb. 27, 2026 Get Citation Alerts Download PDF Add Note
City of Taylor, Texas; Mayor Dwayne Ariola, in His Official Capacity; Council Members Gerald Anderson, Shelli Cobb, Kelly Cmerek, Robert Garcia, in Their Official Capacities; And City Manager Bryan Laborde, in His Official Capacity v. Robert Marek, Cherie Turner-Marek, Julius A. Wolbrueck, Roxana Thomas Wolbrueck, Jona Enterprises LLC; Michael F. Herzog Jr., Laurel T. Herzog, Glen R. Polasek, Joan P. Polasek, Duane D. Stoll, Sandra G. Stoll, Cecilia Ida Hannan as Trustee of the Cecilia Ida Hannan Trust, Loren Hengst, Kathleen Hengst, Erwin Hengst, and Sara Hengst
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-25-00546-CV
- Nature of Suit: Miscellaneous/other civil
Disposition: Abated
Disposition
Abated
Lead Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00369-CV
NO. 03-25-00546-CV
City of Taylor, Texas; Mayor Dwayne Ariola, in his Official Capacity; Council Members
Gerald Anderson, Shelli Cobb, Kelly Cmerek, Robert Garcia, in their Official Capacities;
and City Manager Bryan Laborde, in his Official Capacity, Appellants
v.
Robert Marek, Cherie Turner-Marek, Julius A. Wolbrueck, Roxana Thomas Wolbrueck,
Jona Enterprises LLC, Michael F. Herzog Jr., Laurel T. Herzog, Glen R. Polasek, Joan P.
Polasek, Duane D. Stoll, Sandra G. Stoll, Cecilia Ida Hannan as Trustee of The Cecilia Ida
Hannan Trust, Loren Hengst, Kathleen Hengst, Erwin Hengst, and Sara Hengst, Appellees
FROM THE 425TH JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY,
NO. 24-0447-C425, THE HONORABLE BETSY F. LAMBETH, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
On appellants’ unopposed motion, this Court previously abated these appeals to
allow the parties to engage in settlement negotiations. As ordered by the Court, the parties have
filed a joint status report regarding their request to extend the abatement period. They also filed
a joint motion to abate these appeals for an additional three months to continue their efforts to
negotiate and resolve this matter.
We grant the parties’ joint motion and abate the appeal for an additional 90 days
to allow the parties more time to engage in settlement negotiations. The parties shall submit a
motion to dismiss the appeals, a motion to reinstate the appeals, or a status report on the
settlement process accompanied by a motion to extend the abatement on or before May 28, 2026.
It is so ordered on February 27, 2026.
Before Justices Triana, Kelly, and Ellis
Abated
Filed: February 27, 2026
2
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