Opinion
No. 10-01-00420-CV
Order filed November 10, 2004.
Appeal from the 170th District Court McLennan County, Texas, Trial Court # 99-2717-4.
Opinions and judgment withdrawn Case abated.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
ORDER WITHDRAWING OPINIONS AND JUDGMENT AND ABATING THE CASE
On October 6, 2004, we issued opinions on the merits in this cause and a judgment affirming the trial court's judgment. On October 11, Dr. Pettit filed a "Notice of Bankruptcy" advising us that on July 29, 2004, he had filed a petition for bankruptcy relief under Chapter 7 of the United States Bankruptcy Code. Neither his counsel in this appeal nor the court was aware of such filing at the time our opinions and judgment issued.
Because the automatic stay provided in section 362 of the Bankruptcy Code applies to this proceeding, our actions are void. See Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex. 1988); 11 U.S.C. § 362. We withdraw our opinions and judgment dated October 6, 2004.
This proceeding is abated until further order of this Court, subject to reinstatement upon proper motion. See TEX. R. APP. P. 8.2, 8.3.
"The party who files such a notice must also file with the Clerk, every 90 days, a letter informing the Court of the status of the bankruptcy. . . ." 10TH TEX. APP. (WACO) LOC. R. 18.
DISSENTING OPINION TO ORDER WITHDRAWING OPINIONS AND JUDGMENT AND ABATING THE CASE
This case is "suspended." TEX. R. APP. P. 8.2. If anything we do after bankruptcy is void, Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex. 1988), so too is this order void. I would administratively place this case on the bankruptcy calendar, notify the parties of this action, and remind the parties of Local Rule 18.
We are "chasing after the wind." Ecclesiastes 2:17. I respectfully dissent.