Opinion
No. 04-13-00278-CV
11-01-2013
PEACOCK HOSPITALITY, INC. d/b/a Holiday Inn Express-Burnet, Appellant v. Bipin PATEL; Mahadev, LLC; and FDIC, Appellees
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-04054
Honorable Janet P. Littlejohn, Judge Presiding
ORDER
On October 31, 2013, FDIC moved this court to stay any action in this appeal.
FDIC asserts that it is entitled to a stay under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). See 12 U.S.C. § 1821(d)(12)(A) (2006) ("After the appointment of a . . . receiver for an insured depository institution, the . . . receiver may request a stay for a period not to exceed . . . 90 days, in the case of any receiver, in any judicial action or proceeding to which such institution is or becomes a party.").
FDIC also asserts the stay is mandatory. See id. § 1821(d)(12)(B) ("Upon receipt of a request by any . . . receiver pursuant to subparagraph (A) for a stay of any judicial action or proceeding in any court with jurisdiction of such action or proceeding, the court shall grant such stay as to all parties."); Nation v. Resolution Trust Corp., 791 F. Supp. 1152, 1154 (N.D. Tex. 1992) (recognizing that a stay is mandatory when timely requested by the receiver in an action subject to § 1821(d)(12)).
FDIC's motion is GRANTED. We ORDER that all proceedings at the trial court level in cause number 2012-CI-04054 and in this appeal are STAYED pending further order of this court. See 12 U.S.C. § 1821(d)(12); Nation, 791 F. Supp. 2d at 1154.
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of November, 2013.
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Keith E. Hottle
Clerk of Court