Opinion
Court of Appeals Number: 04-13-00148-CV Trial Court Case Number: 2011-CVT-000406-D2
02-04-2014
RE: Style: Javier H. Perez v. Patricia Villarreal and Israel Villarreal
CHIEF JUSTICE
KAREN ANGELINI
SANDEE BRYAN MARION
MARIALYN BARNARD
REBECA C. MARTINEZ
PATRICIA O. ALVAREZ
LUZ ELENA D. CHAPA
JUSTICES
KEITH E. HOTTLE
CLERK OF COURT
TELEPHONE
(210)335-2635
FACSIMILE NO.
(210) 335-2762
Javier H. Perez, Sr.
#31562-279
FCI-Milan
P.O. Box 1000
Milan, MT 48160
Marion Russell Lawler III
805 Media Luna Street, Ste. 620
Brownsville, TX 78520-8145
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
_______________
Elizabeth Montoya
Deputy Clerk, Ext. 53857
cc: Esther Degollado (DELIVERED VIA E-MAIL)
Vicente Mendoza (DELIVERED VIA E-MAIL)
Cynthia Perez Lenz (DELIVERED VIA E-MAIL)
No. 04-13-00148-CV
Javier H. PEREZ,
Appellant
v.
Patricia VILLARREAL and Israel Villarreal,
Appellees
From the 111th Judicial District Court, Webb County, Texas
Trial Court No. 2011-CVT-000406-D2
Honorable Monica Z. Notzon, Judge Presiding
ORDER
On August 9, 2013, in response to this court's late brief notice, appellees filed a notice of automatic stay. Attached to the notice was an order from the Texas Commissioner of Insurance stating Driver's Insurance Company, the insurance carrier defending appellees in this matter, is insolvent and has been designated an impaired insurer under Chapter 462 of the Texas Insurance Code. When the Texas Commissioner of Insurance issues an order designating an insurer as impaired, an automatic stay is required by statute. See TEX. INS. CODE ANN. § 462.309 (West 2009). We therefore ordered the appeal abated and treated as a closed case until reinstated by this court.
On December 17, 2013, appellant filed a letter in this court advising that the statutory automatic stay had expired. Reviewing the applicable statute, it appears appellant is correct. Section 462.309 of the Texas Insurance Code states when an automatic stay is instituted because of the insolvency of an insurer, the matter is stayed for: "(1) a six-month period beginning on the later of the date of the designation of impairment or the date an ancillary proceeding is brought in this state; and (2) a subsequent period as determined by the court, if any." Id. § 462.309(a)(1). The designation of impairment was effective May 13, 2013. Therefore, in the absence of an extension of the stay by a court, appellant is correct that the stay expired November 13, 2013.
Accordingly, on December 17, 2013, we ordered appellees to show cause in writing on or before January 20, 2014, why the abatement previously ordered by this court should not be lifted and this matter reinstated on the court's active docket. We noted that at the time this matter was abated, appellees' brief was due. We advised that if appellees did not show cause as directed in this order, this court will lift the abatement, reinstate the case on the court's active docket, and appellees' brief would be due thirty days from the date of the reinstatement.
Appellees did not respond to our December 17, 2013 order. Accordingly, we ORDER the abatement lifted and the appeal reinstated. We ORDER the clerk's office of this court to place the appeal back on the court's active docket. We ORDER appellees to file their brief in this court on or before March 6, 2014. Appellees are advised that if the brief is not timely filed pursuant to this court's order, the appeal will be set at issue and the case will be submitted without an appellees' brief.
We further order the clerk of this court to serve a copy of this order on all parties and all counsel.
_______________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of February, 2014.
_______________
Keith E. Hottle
Clerk of Court