Opinion
NO. 01-14-00996-CV
02-22-2018
IN RE ROYCE J. HASSELL AND SILVIA T. HASSELL, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Royce J. Hassell and Silvia T. Hassell, have filed a petition for writ of mandamus challenging an order granting a motion to consolidate, filed by real parties in interest Hassell Construction Co., Inc. and Hassell Management Services, LLC. After filing their petition, relators filed a "Suggestion of Bankruptcy and Notice of Automatic Stay," staying proceedings in this Court. See 11 U.S.C.A. § 362(a) (West 2015) (providing filed bankruptcy petition operates as automatic stay of actions against debtor or debtor's property); see also TEX. R. APP. P. 8.2 (providing bankruptcy suspends appeal). Relators, representing "that the related bankruptcy cases have been dismissed," have filed a motion to reinstate the proceeding and voluntarily dismiss their petition. See TEX. R. APP. P. 8.3(a). No opinion has issued. See id. 42.1(c). Further, more than ten days have passed and no party has responded to the motion. See id. 10.3(a).
The underlying case is R. Hassell & Co., Inc. R. Hassell Builders, Inc., R. Hassell Holding Co., Inc., and G.R. Group Resources LLP v. Hassell Construction Co., Inc. and Hassell Management Services, LLC, Cause No. 2013-61995, in the 125th District Court of Harris County, Texas, the Honorable Kyle Carter presiding.
Accordingly, we reinstate the petition, grant relators' motion, and dismiss the petition.
PER CURIAM Panel consists of Justices Bland, Lloyd, and Caughey.