Opinion
06-24-00058-CV
07-31-2024
NETX ACQUISITIONS, LLC, Appellant v. BARROW SHAVER RESOURCES COMPANY, LLC, AND CARR RESOURCES, INC., Appellees
On Appeal from the 5th District Court Cass County, Texas Trial Court No. 23C421.
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
Barrow Shaver Resources Company, LLC, a party to this pending appeal, notified this Court that it is the putative debtor in an involuntary bankruptcy proceeding filed on July 23, 2024, in the United States Bankruptcy Court for the Southern District of Texas, Houston Division, under cause number 24-33353. Pursuant to the United States Bankruptcy Code, further action in this appeal is automatically stayed, see 11 U.S.C.A. § 362 (West, Westlaw current through P.L. 118-70), and under Rule 8.2 of the Texas Rules of Appellate Procedure, the appeal is suspended, see TEX. R. APP. P. 8.2.
Accordingly, this appeal is hereby abated and, for administrative purposes, will be treated as closed. Any party may reinstate the appeal by promptly filing a motion to reinstate including, as an attachment, either a certified copy of an order showing that the automatic bankruptcy stay has been lifted or any other authenticated document demonstrating that reinstatement is permitted by federal law and/or the United States Bankruptcy Court for the Southern District of Texas, Houston Division. See TEX. R. APP. P. 8.3(a). Any party may also move to sever the appeal in accordance with the provisions of Rule 8.3(b) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 8.3(b).
In the event of reinstatement, any period that began to run but had not expired at the time of suspension will begin anew when the appeal is reinstated. Any document filed while the proceeding is suspended will be deemed filed on the same day, but after, the Court reinstates the appeal. TEX. R. APP. P. 8.2, 8.3. In accordance with Rule 8.2 of the Texas Rules of Appellate Procedure, we suspend this appeal by abating it. See TEX. R. APP. P. 8.2.
IT IS SO ORDERED.