Opinion
14-19-01022-CV
09-14-2021
NEWSTREAM HOTEL PARTNERS-IAH, LLC, Appellant v. UC RED LION HOUSTON HOLDER, LLC AS SUCCESSOR IN INTEREST TO UC FUNDING, LLC, Appellee
On Appeal from the 269th District Court Harris County, Texas Trial Court Cause No. 2019-71008
Panel consists of Justices Wise, Jewell, and Spain.
MEMORANDUM OPINION
PER CURIAM
This appeal, which arises from a final order signed December 6, 2019 granting a motion to dismiss due to a forum selection clause, has been stayed and suspended since May 5, 2020 due to appellant's bankruptcy proceeding. On July 12, 2021, the parties filed a joint motion to dismiss the appeal, with each party to bear its own costs. See Tex.R.App.P. 42.1(a). The motion to dismiss, however, did not include a certified copy of any order from the bankruptcy court lifting or terminating the stay associated with that bankruptcy proceeding. See Tex.R.App.P. 8.3(a). The parties have since filed a joint motion to reinstate this appeal which includes a certified copy of the bankruptcy court's order dismissing the underlying bankruptcy proceeding, signed April 8, 2021. Accordingly, this court grants the parties' motion to reinstate and their motion to dismiss the appeal, reinstates the appeal, and dismisses the appeal.