Opinion
No. 05-20-00985-CV
12-23-2020
CHRISTOPHER J. ASHBY, ET AL., Appellants v. ANNE D. KERN, ET AL., Appellees
On Appeal from the 471st Judicial District Court Collin County, Texas
Trial Court Cause No. 471-04983-2019
ORDER
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
By order dated, December 10, 2020, we denied as moot appellee's emergency motion for temporary relief. Before the Court is appellee's December 14, 2020 motion to reconsider that order. We GRANT the motion to the extent that we clarify this Court's December 10th order as follows.
Appellees' emergency motion for temporary relief was originally filed in appellate cause number 05-20-00478-CV. On September 8, 2020, we abated that appeal after being notified that appellants Rockwell Debt Free Properties, Inc. and Rockwell TIC, Inc. (Rockwell debtors) had filed a petition for bankruptcy. We subsequently granted appellees' motion to reinstate and severed the appeal of the non-debtor appellants into this appeal. The emergency motion for temporary relief was transferred into this appeal. The Rockwell debtors' bankruptcy filing triggered an automatic stay in the trial court. See 11 U.S.C.A. § 362(a)(1). Because of the automatic stay, we DENY the motion as moot without prejudice to reasserting same should proceedings in the trial court be allowed to resume while this appeal is pending.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE