Opinion
No. 04-16-00470-CV
08-15-2016
IN RE Jim WEYNAND
COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER SANDEE BRYAN MARION CHIEF JUSTICE
KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM JUSTICES Nissa M. Dunn
Houston Dunn, PLLC
4040 Broadway Street, Suite 440
San Antonio, TX 78209
* DELIVERED VIA E-MAIL * Randall A. Pulman
2161 N.W. Military Highway, Suite 400
San Antonio, TX 78213
* DELIVERED VIA E-MAIL * Ricardo G. Cedillo
755 E. Mulberry Ave., Ste. 500
San Antonio, TX 78212-3135
* DELIVERED VIA E-MAIL * Trial Court Case Number: 2016CI11958
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
/s/_________
Rosa Gonzalez
Deputy Clerk, Ext. 53855 cc: Mark Wade Kiehne (DELIVERED VIA E-MAIL)
Les J. Strieber, III (DELIVERED VIA E-MAIL)
Ryan Christopher Reed (DELIVERED VIA E-MAIL)
Leslie Sara Hyman (DELIVERED VIA E-MAIL)
Dinah L. Gaines (DELIVERED VIA E-MAIL)
Richard Price
Donna Kay McKinney (DELIVERED VIA E-MAIL) Original Mandamus Proceeding
This proceeding arises out of Cause No. 2016CI11958, styled Jim Weynand v. Frost Bank; Ritchie Bros. Auctioneers (America) Inc., the Struthoff Company, Inc.; Bartlett Cocke; Bexar County; Bob Moore Construction, Inc.; Cadence McShane Constructions Co., LLC; Capco Steel, Inc.; Dysart, LLC; Embrey Partners; Emerson Construction; Fetzer Companies, Inc.; Galaxy Builders, Ltd.; Godfrey Construction; Olmos Contracting I, LLC; Reid & Associates; and Resource Commercial, Inc., , pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Richard Price presiding.
ORDER
Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice
Real party in interest Olmos Equipment, Inc., has filed a notice stating that it is in bankruptcy. The notice complies with Rule 8 of the Texas Rules of Appellate Procedure. Accordingly, this mandamus proceeding and all time periods are stayed from the date the bankruptcy petition was filed. See TEX. R. APP. P. 8.2.
It is therefore ORDERED that this mandamus proceeding is ABATED. For administrative purposes, the mandamus proceeding will be treated as a closed case, unless and until it is reinstated in accordance with Rule 8.3 of the Texas Rules of Appellate Procedure.
It is so ORDERED on August 15, 2016.
PER CURIAM
ATTESTED TO: /s/_________
Keith E. Hottle, Clerk
MINUTES
This proceeding arises out of Cause No. 2016CI11958, styled Jim Weynand v. Frost Bank; Ritchie Bros. Auctioneers (America) Inc., the Struthoff Company, Inc.; Bartlett Cocke; Bexar County; Bob Moore Construction, Inc.; Cadence McShane Constructions Co., LLC; Capco Steel, Inc.; Dysart, LLC; Embrey Partners; Emerson Construction; Fetzer Companies, Inc.; Galaxy Builders, Ltd.; Godfrey Construction; Olmos Contracting I, LLC; Reid & Associates; and Resource Commercial, Inc., , pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Richard Price presiding. --------
ORDER
Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice
Real party in interest Olmos Equipment, Inc., has filed a notice stating that it is in bankruptcy. The notice complies with Rule 8 of the Texas Rules of Appellate Procedure. Accordingly, this mandamus proceeding and all time periods are stayed from the date the bankruptcy petition was filed. See TEX. R. APP. P. 8.2.
It is therefore ORDERED that this mandamus proceeding is ABATED. For administrative purposes, the mandamus proceeding will be treated as a closed case, unless and until it is reinstated in accordance with Rule 8.3 of the Texas Rules of Appellate Procedure.
It is so ORDERED on August 15, 2016.
PER CURIAM
ATTESTED TO: /s/Keith E. Hottle
Keith E. Hottle, Clerk ENTERED THIS 15TH DAY OF AUGUST, 2016.