Opinion
14-23-00482-CV
12-12-2023
MCCRORY CTI SERVICES, INC., Appellant v. PREFERRED READY-MIX LLC; ROBERT C. FORAN, Appellees
On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2022-32645
Panel consists of Justices Jewell, Spain, and Wilson. (Spain, J., declines to join the order as this case is stayed under federal law. 8 U.S.C. § 362. A notice from the clerk is the appropriate action.)
ABATEMENT ORDER
PER CURIAM
Notice was filed October 27, 2023 that appellee Robert C. Foran is in bankruptcy. Tex.R.App.P. 8.1. According to the notice, on October 27, 2023, Foran petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 23-34134. A bankruptcy suspends the appeal from the date when the bankruptcy petition is filed until the appellate court reinstates the appeal in accordance with federal law. Tex.R.App.P. 8.2. Accordingly, we ORDER the appeal abated.
When a case has been suspended by a bankruptcy filing, a party may move the appellate court to reinstate the appeal if permitted by federal law or the bankruptcy court. Tex.R.App.P. 8.3. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion. Id. A party filing a motion to reinstate shall specify what further action, if any, is required from this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a).
For administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court.