Opinion
NO. 14-20-00528-CV
08-04-2020
GCCLE-SHAWDOW CREEK LP, Appellant v. SPECIALTY RETAILERS, INC., Appellee
On Appeal from the 151st District Court Harris County, Texas
Trial Court Cause No. 2017-76210
ABATEMENT ORDER
Notice was filed on July 29, 2020 that appellee is in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on May 10, 2020, appellee petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 20-32565. A bankruptcy suspends the appeal from the date when the bankruptcy petition is filed until the appellate court reinstates the appeal in accordance with federal law. Tex. R. App. P. 8.2. Accordingly, we ORDER the appeal abated.
When a case has been suspended by a bankruptcy filing, a party may move the appellate court to reinstate the appeal if permitted by federal law or the bankruptcy court. Tex. R. App. P. 8.3. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion. Id. A party filing a motion to reinstate shall specify what further action, if any, is required from this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a).
For administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court.
PER CURIAM Panel Consists of Justices Spain, Hassan, and Poissant.