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In re Phila. Indem. Ins. Co.

Court of Appeals of Texas, Tenth District
Aug 9, 2023
No. 10-22-00263-CV (Tex. App. Aug. 9, 2023)

Opinion

10-22-00263-CV

08-09-2023

IN RE PHILADELPHIA INDEMNITY INSURANCE COMPANY


Original Proceeding From the 272nd District Court Brazos County, Texas Trial Court No. 20-000962-CV-272

Before Chief Justice Gray, Justice Johnson, and Justice Smith

MEMORANDUM OPINION

TOM GRAY Chief Justice

A Petition for Writ of Mandamus and a corresponding Emergency Motion for Temporary Relief were filed on August 12, 2022. Real Party in Interest, Sayers Construction, LLC, filed a notice that it filed a voluntary petition under Chapter 7 of the United States Bankruptcy Code on December 16, 2022. See Tex. R. App. P. 8.1. Because further action in this proceeding could be subject to an automatic stay, see 11 U.S.C. § 362, we requested briefing from any party as to the impact, if any, of the bankruptcy filing on this proceeding. No response was received.

In an order issued on January 27, 2023, we stayed the proceeding for six months, and the parties were notified that unless reinstated on proper motion, this proceeding would be administratively closed without further notice. Six months have passed and no reinstatement on proper motion was requested.

Accordingly, for administrative purposes, this proceeding is suspended and will be treated as closed unless reinstated on a proper motion. See Tex. R. App. P. 8.2; 8.3.

The Clerk of this Court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.

Petition suspended; administratively closed.


Summaries of

In re Phila. Indem. Ins. Co.

Court of Appeals of Texas, Tenth District
Aug 9, 2023
No. 10-22-00263-CV (Tex. App. Aug. 9, 2023)
Case details for

In re Phila. Indem. Ins. Co.

Case Details

Full title:IN RE PHILADELPHIA INDEMNITY INSURANCE COMPANY

Court:Court of Appeals of Texas, Tenth District

Date published: Aug 9, 2023

Citations

No. 10-22-00263-CV (Tex. App. Aug. 9, 2023)