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Johnson v. Johnson

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Mar 26, 2015
NO. 02-10-00296-CV (Tex. App. Mar. 26, 2015)

Opinion

NO. 02-10-00296-CV

03-26-2015

STEVEN JEFFREY JOHNSON APPELLANT v. MICHELE JEAN JOHNSON APPELLEE


FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY MEMORANDUM OPINIONAND ORDER

See Tex. R. App. P. 47.4.

On October 10, 2011, upon notification that appellee Michele Jean Brandt (formerly Johnson) had filed a petition for bankruptcy on June 17, 2011, we stayed the issuance of mandate in this case and withdrew our opinion and judgment of August 4, 2011, which was rendered void by the bankruptcy filing. See Tex. R. App. P. 8.2.

On March 10, 2015, appellant Steven Jeffrey Johnson filed a motion to reinstate and dismiss his appeal after appellee received a discharge in bankruptcy on February 26, 2015. The granting of the discharge ended the automatic stay. See 11 U.S.C.A. § 362(a)(1), (c)(2)(C) (West 2004 & Supp. 2014).

In his motion, appellant also requests that we withdraw our August 4, 2011 opinion, but as noted above, this was previously accomplished in our October 10, 2011 order staying the case.
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Therefore, we order the appeal reinstated, and pursuant to appellant's motion, we dismiss the appeal. See Tex. R. App. P. 8.3(a), 42.1(a). Appellant shall bear all costs of the appeal. See Tex. R. App. P. 42.1(d).

/s/ Bonnie Sudderth

BONNIE SUDDERTH

JUSTICE
PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ. DELIVERED: March 26, 2015


Summaries of

Johnson v. Johnson

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Mar 26, 2015
NO. 02-10-00296-CV (Tex. App. Mar. 26, 2015)
Case details for

Johnson v. Johnson

Case Details

Full title:STEVEN JEFFREY JOHNSON APPELLANT v. MICHELE JEAN JOHNSON APPELLEE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Mar 26, 2015

Citations

NO. 02-10-00296-CV (Tex. App. Mar. 26, 2015)