Opinion
08-12-00339-CV
07-22-2022
IN THE INTEREST OF J.S., A CHILD.
Appeal from the 65th Judicial District Court of El Paso County, Texas (TC# 2003CM4710)
Before Rodriguez, C.J., Palafox, and Alley, JJ.
MEMORANDUM OPINION
YVONNE T. RODRIGUEZ, CHIEF JUSTICE
Pending before the Court is a motion for voluntary dismissal of this appeal from Appellant, A. Marcelo Rivera. The motion was held in abeyance pending confirmation of the resolution of bankruptcy proceedings. Because we have since confirmed that this matter is no longer subject to an automatic bankruptcy stay, we will grant the motion and dismiss this appeal.
On November 7, 2012, Appellant filed his notice of appeal. Prior to March 20, 2013, this Court received a suggestion of bankruptcy. On April 24, 2013, subsequently abated proceedings in accordance with the automatic bankruptcy stay. See Tex.R.App.P. 8.2.
On February 8, 2022, the Clerk of the Court issued a letter stating that this Court's previous abatement order required the parties to provide a proper motion and notification once bankruptcy proceedings had been concluded, and the Clerk requested a response be filed with this Court within 15 days. On February 11, 2022, Appellant submitted a voluntary motion to dismiss contending that the matter at issue in this appeal had been settled.
Based on Appellant's July 13, 2022, letter affirming the dismissal of the bankruptcy, the Court issued an order reinstating this appeal. Given that the automatic bankruptcy stay is apparently no longer in effect and the parties have resolved their dispute, we hereby grant the motion and dismiss this appeal.