Opinion
14-22-00827-CV
02-29-2024
TEXAS REIT, LLC; DALIO HOLDINGS I, LLC; AND DALIO HOLDINGS II, LLC, Appellants v. WCW HOUSTON PROPERTIES, LLC, Appellee
On Appeal from the 151st District Court Harris County, Texas Trial Court Cause No. 2017-35320
Panel Consists of Justices Jewell, Bourliot, and Zimmerer.
ABATEMENT ORDER
PER CURIAM.
Notice was filed on February 9, 2024 that appellant Texas REIT, LLC is in bankruptcy. Tex.R.App.P. 8.1. According to the notice, on February 6, 2024, Texas REIT, LLC petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 24-10120. 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.