Opinion
NUMBER 13-17-00394-CV
10-27-2017
EDWARD L. KENNEDY, Appellant, v. SOUTHBROOK DEVELOPMENT CORPORATION, WESLEY C. ANDERSON, LACEY M. ANDERSON, CALLUM R. COOK, KIMBERLY A. COOK AND KEENON RAYNER, Appellees.
On appeal from the 410th District Court of Montgomery County, Texas.
ORDER
Before Chief Justice Valdez and Justices Contreras and Hinojosa
Order Per Curiam
Appellant Edward L. Kennedy perfected an appeal from a judgment rendered against him on March 22, 2107 in cause number 14-12-13281-CV in the 410th District Court of Montgomery County, Texas. His appeal was transferred to this Court from the Ninth Court of Appeals by order of the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a) (West, Westlaw through 2017 1st C.S.) (delineating the jurisdiction of appellate courts); TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2017 1st C.S.) (granting the supreme court the authority to transfer cases from one court of appeals to another at any time that there is "good cause" for the transfer).
The parties to this appeal disagreed with regard to whether or not the appeal was affected by a bankruptcy involving the parties. This Court previously abated and remanded this matter to the trial court to address whether or not the bankruptcy stay applies to these proceedings. We requested that the trial court prepare and file its findings and orders and cause them to be included in a supplemental clerk's record for filing with this Court.
We are now in receipt of the trial court's findings and conclusions. Based on our review of the record and the trial court's findings and conclusions, the automatic stay pursuant to bankruptcy applies to this appeal and the appeal is suspended. See TEX. R. APP. P. 8.2. Accordingly, our abatement of this appeal remains in effect until further order of this Court. Any documents filed by the parties subsequent to the bankruptcy petition will remain pending until the appeal is reinstated. The parties are directed to take such action as is appropriate to advise the Court of any change in the status of the bankruptcy proceeding which would affect the status of this appeal, including but not limited to, the filing of a motion to reinstate pursuant to Texas Rule of Appellate Procedure 8.3. See id. 8.3.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 27th day of October, 2017.