Hofferber v. Kerby

Full title: CHARLES HOFFERBER, Appellant, v. SHARON KERBY AND WESLEY KERBY, Appellees

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

Date published: Feb 23, 2006

No. 03-05-00556-CV (Tex. App. Feb. 23, 2006)

Opinion

No. 03-05-00556-CV

Filed: February 23, 2006.

Appeal from the County Court at Law No. 3 of Bell County, No. 49024-3, Honorable Gerald M. Brown, Judge Presiding.

Before Chief Justice LAW, Justices PATTERSON and PEMBERTON.

MEMORANDUM OPINION

JAN P. PATTERSON, Justice.

Appellant Charles Hofferber filed a notice of bankruptcy with this Court (bankruptcy filed in United States Bankruptcy Court, E.D. Texas, chapter 7, case number 05-47484). Accordingly, his appeal is stayed. See 11 U.S.C. § 362(a) (West 2004); Tex.R.App.P. 8.2. Any party may file a motion to reinstate upon the occurrence of an event which allows the case to proceed. See Tex.R.App.P. 8.3(a). Failure to notify this Court of a lift of the automatic stay or termination of the bankruptcy case may result in the dismissal of the cause for want of prosecution. See Tex.R.App.P. 42.3(b).