Opinion
14-24-00280-CV
05-09-2024
VINCENT JAMES CABELLA, THOMAS EMERSON JONES, AND TBJNOINVESTMENTS, LLC, Appellants v. 5826 INTERESTS, LTD, Appellee
On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 2022-48373
Panel Consists of Chief Justice Christopher and Justices Spain and Poissant.
ABATEMENT ORDER
PER CURIAM
Notice was filed on May 2, 2024 that appellant Vincent James Cabella is in bankruptcy. Tex.R.App.P. 8.1. According to the notice, on April 3, 2024, appellant Vincent James Cabella petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 24-31526. 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.