Opinion
03-21-00290-CV
05-18-2022
Michael A. Rice, Appellant v. Austin Rice; Sammy Cockerell; Will R. Shumann; Carl Whitworth; Dorthy J. Rice; Marion Robert "Bob" Rice; Cindy Rice; Dorthy J. Rice; Sheila Rice Hemphill; Charlotte Rice Finley; Rice Ranch, Ltd; and Rice Ranch Management, L.L.C.; Appellees
FROM THE 452ND DISTRICT COURT OF MCCULLOCH COUNTY NO. 2018187, THE HONORABLE ROBERT R. HOFMANN, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Kelly and Smith
MEMORANDUM OPINION
PER CURIAM
On April 1, 2022, appellees filed a Suggestion of Bankruptcy indicating that appellant Michael A. Rice has initiated Chapter 11 proceedings in the United States Bankruptcy Court for the Western District of Texas and informing this Court that Rice's appeal is automatically stayed pursuant to federal law. See generally 11 U.S.C. § 362 (2020) (providing automatic stay of "commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the [Chapter 11] case" and outlining scope of and exceptions to such stay). Rice subsequently confirmed the pendency of those bankruptcy proceedings and then stipulated to the abatement of his appeal "until such time as the stay is lifted and the bankruptcy court expressly permits the appeal to proceed." Accordingly, the Court abates this cause pending further action by Rice, who is ordered to update this Court as to the status of the bankruptcy proceedings and any effects on this appeal on or before November 1, 2022. His failure to do so may result in dismissal of this appeal. See Tex. R. Civ. P. 42.3.