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Rice v. Rice

Court of Appeals of Texas, Third District, Austin
May 18, 2022
No. 03-21-00290-CV (Tex. App. May. 18, 2022)

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.


Summaries of

Rice v. Rice

Court of Appeals of Texas, Third District, Austin
May 18, 2022
No. 03-21-00290-CV (Tex. App. May. 18, 2022)
Case details for

Rice v. Rice

Case Details

Full title:Michael A. Rice, Appellant v. Austin Rice; Sammy Cockerell; Will R…

Court:Court of Appeals of Texas, Third District, Austin

Date published: May 18, 2022

Citations

No. 03-21-00290-CV (Tex. App. May. 18, 2022)