Opinion
No. 05-17-00775-CV
01-05-2018
MARCANTONIO ENTERPRISES, LLC, Appellant v. STELLAR RESTORATION SERVICES, LLC, Appellee
On Appeal from the 429th Judicial District Court Collin County, Texas
Trial Court Cause No. 429-05272-2016
ORDER
This appeal was previously abated due to bankruptcy. Upon the filing of a motion by appellee attaching a copy of an order from the bankruptcy court modifying the automatic stay to permit the parties to pursue and defend the appeal, we reinstated the appeal.
Before the Court are (1) John S. Morgan and the Morgan Law Firm's amended motion for leave to withdraw as counsel for appellant and for a sixty-day abatement to allow appellant to obtain new counsel; and (2) motion to extend the deadline for appellant's brief, which is due January 8, 2018. The motion to extend deadline is filed by Royal B. Lea, who appellant is seeking to employ as counsel. An application to employ Lea as counsel is currently pending in bankruptcy court.
We GRANT the motion to withdraw as follows. We DIRECT the Clerk of the Court to remove John S. Morgan and the Morgan Law Firm as counsel for appellant. See TEX. R. APP. P. 6.5. Because corporations may only appear in this Court through an attorney and the application to employ Lea is pending in bankruptcy court, we SUSPEND the deadline for appellant's brief. We ORDER appellant to notify the Court, within THIRTY DAYS of the date of this order, whether its application to employ Lea was approved and, if so, to provide the Court with the information required by rule of appellate procedure 6.1. See Kunstoplast of Am. Inc. v. Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996) (per curiam); TEX. R. APP. P. 6.1. Once an appearance of counsel is made for appellant, a new deadline will be set for appellant's brief.
Until appellant retains counsel, all future communications to appellant regarding this appeal shall be sent to
Marcantonio Enterprise, LLC
Attn: Mr. Wade Marcantonio
7765 FM 482
New Braunfels, Texas 78132
(210) 269-0404.
We DENY as premature the motion to extend the deadline for appellant's brief.
/s/ CRAIG STODDART
JUSTICE