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HEEP HOMESTEAD v. BRANNON

Court of Appeals of Texas, Third District, Austin
Aug 12, 2004
No. 03-02-00509-CV (Tex. App. Aug. 12, 2004)

Opinion

No. 03-02-00509-CV

Filed: August 12, 2004.

Appeal from the District Court of Travis County, 126th Judicial District, No. GN103418, Honorable Suzanne Covington, Judge Presiding.

Dismissed.

Before Chief Justice LAW, Justices KIDD and B.A. SMITH.


MEMORANDUM OPINION


The Trustee for the Bankruptcy Estate of David E. Shaffer and Harriet "Hatsy" Heep Shaffer has notified the court that the Estate and appellee Jennifer L. Brannon have settled the cause and the parties move to dismiss the appeal. We grant the motion and dismiss the appeal. See Tex.R.App.P. 42.1.

This Court suspended activity in this appeal in accordance with the automatic stay. See 11 U.S.C.A. § 362 (West Supp. 2004); see also Tex.R.App.P. 8. We reinstate the appeal for purposes of dismissal. The bankruptcy trustee is the representative of the estate, with exclusive standing to assert a claim. 11 U.S.C.A. § 323(a) (West Supp. 2004); Carter v. Carter, 21 S.W.3d 441, 443 (Tex. App.-San Antonio 2000, no pet.). When an action is already pending, a trustee may (1) assume prosecution of the action; (2) consent to the debtor's continued prosecution of the action for the trustee's benefit, or (3) decline to prosecute the action if it appears to be fruitless. Id.; Fed.R. Bankr. 6009. Here the trustee appears to have assumed prosecution of the action and settled it.


Summaries of

HEEP HOMESTEAD v. BRANNON

Court of Appeals of Texas, Third District, Austin
Aug 12, 2004
No. 03-02-00509-CV (Tex. App. Aug. 12, 2004)
Case details for

HEEP HOMESTEAD v. BRANNON

Case Details

Full title:THE HEEP HOMESTEAD AND HATSY HEEP SHAFFER, Appellants v. JENNIFER L…

Court:Court of Appeals of Texas, Third District, Austin

Date published: Aug 12, 2004

Citations

No. 03-02-00509-CV (Tex. App. Aug. 12, 2004)