Opinion
NO. 14-13-00608-CV
12-05-2013
MOMENTUM CONTRACTORS, INC., FREDERICK ALLEN, JR. & JUDY ALLEN, Appellants v. TRI-TEMP REFRIGERATION, INC., Appellee
Abatement Order filed December 5, 2013.
On Appeal from the 125th District Court
Harris County, Texas
Trial Court Cause No. 2012-19727
ABATEMENT ORDER
Notice was filed on November 19, 2013 that appellants Frederick Allen and Judy Allen are in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on November 19, 2013, Frederick Allen and Judy Allen petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court under case number 13-37143-H5-7. 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.