Opinion
Appellate case number: 01-17-00677-CV
01-26-2018
Monica Hardaway and Glenn Hardaway v. Deutsche Bank National Trust Company as Trustee, In Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-WL1, Asset Backed Certificates, Series 2006-WL 1
ORDER Trial court case number: 17-CCV-059731 Trial court: County Court at Law No. 4 of Fort Bend County
Appellants, Monica Hardaway and Glenn Hardaway, have filed a notice of appeal of the trial court's final judgment in a forcible detainer proceeding. The appeal was stayed because court records reflected that Glenn Hardaway had filed a petition for relief under Chapter 7 of Title 11, United States Code, in Case 17-35017, in the United States Bankruptcy Court for the Southern District of Texas. See TEX. R. APP. P. 8.2 (providing bankruptcy suspends appeal); see also 11 U.S.C. § 362(a) (providing filed bankruptcy petition operates as automatic stay of actions against debtor or debtor's property). The bankruptcy court has signed an order "lift[ing] the automatic stay to allow for the completion of any pending or future litigation (including any appeals) to determine title to and possession of the property" at issue in this appeal. In re Hardaway, Case No. 17-35017 (Bankr. S.D. Tex. Jan. 8, 2018) (order). And, appellants have filed a motion to reinstate the appeal and "sever the appeal with respect to the bankrupt party, Glenn Hardaway." See TEX. R. APP. P. 8.3. We grant appellants' motion to reinstate, reinstate the case on the Court's docket, and dismiss as moot appellants' motion to sever the appeal as to Glenn Hardaway.
The reporter's record, received in this Court on November 17, 2017, is filed in this appeal. See TEX. R. APP. P. 8.2, 35.3(c).
Appellants' brief is due to be filed no later than 30 days from the date of this order. See TEX. R. APP. P. 38.6(a).
It is so ORDERED. Judge's signature: /s/ Terry Jennings
[v] Acting individually [ ] Acting for the Court Date: January 26, 2018