Opinion
05-23-00677-CV
03-07-2024
NOVO POINT, LLC AND QUANTEC, LLC, Appellants v. ELISSA KATZ, ET. AL., Appellees
On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-01512-2014
ORDER
KEN MOLBERG, JUSTICE
We abated this cause due to bankruptcy on July 24, 2023. In response to our February 16, 2024 inquiry as to the status of the bankruptcy case, appellants have filed a written verification that the appeal should proceed, explaining that the debtors, individuals, have been discharged.
From a review of PACER, the online federal court records system, it appears the bankruptcy proceeding began as a proceeding under chapter 11 of the Bankruptcy Code and was converted to a proceeding under chapter 7 of the Code.
Under section 362 of the Code, the automatic stay in a chapter 7 case concerning an individual continues until a discharge is granted or denied. See 11 U.S.C.A. § 362(c)(2)(C). In light of the discharge, we REINSTATE this cause. See Tex. R. App. P. 8.3.
We note that a review of the clerk's record reveals this appeal was filed late, but within the fifteen-day extension period allowed under Texas Rule of Appellate Procedure 26.3. Specifically, the appeal challenges the trial court's March 28, 2023 judgment. Because a timely motion for reconsideration was filed, the notice of appeal was due June 26, 2023, or with an extension motion, July 11, 2023. See Tex. R. App. P. 26.1(a), 26.3. The notice of appeal was filed July 11, but no extension motion has been filed. Accordingly, appellants shall file an extension motion that complies with appellate rule 26.3 no later than March 18, 2024.
We caution appellants that failure to comply could result in the appeal being dismissed for want of jurisdiction without further notice. See Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal is jurisdictional).