Opinion
No. 05-20-00478-CV No. 05-20-00985-CV
11-13-2020
ROCKWELL DEBT FREE PROPERTIES, INC. F/K/A INVESTMENT PROPERTY SOLUTIONS, INC. AND ROCKWELL TIC, INC., Appellants v. ANNE D. KERN, ET AL., Appellees CHRISTOPHER J. ASHBY, SCOTT W. BEYNON, JORDAN S. NELSON, AND FIRST AMERICAN TITLE INSURANCE COMPANY, Appellants v. ANNE D. KERN, ET AL., Appellees
On Appeal from the 471st Judicial District Court Collin County, Texas
Trial Court Cause No. 471-04983-2019
ORDER
We REINSTATE the appeal docketed as appellate cause number 05-20-00478-CV that we abated by order dated September 8, 2020 following notification that appellants Rockwell Debt Free Properties, Inc. f/k/a Investment Property Solutions, Inc. and Rockwell TIC, Inc. had filed for bankruptcy.
Before the Court is appellees' motion to sever and reinstate the appeal as to the non-bankrupt parties. We GRANT the motion. We SEVER appellants Christopher J. Ashby, Scott W. Beynon, Jordan S. Nelson, and First American Title Insurance Company into a new appeal docketed as appellate cause number 05-20-00985-CV and styled Christopher J. Ashby, Scott W. Beynon, Jordan S. Nelson, and First American Title Insurance Company v. Anne D. Kern, et al. Appellate cause number 05-20-00478 shall now be styled Rockwell Debt Free Properties, Inc. f/k/a Investment Property Solutions, Inc. and Rockwell TIC, Inc. v. Anne D. Kern, et al.
We DIRECT the Clerk of this Court to transfer a copy of the clerk's record and three supplemental clerk's records filed in appellate cause number 05-20-00478-CV into appellate cause number 05-20-00985-CV. We further DIRECT the Clerk of this Court to transfer the following documents filed in appellate cause number 05-20-00478-CV into appellate cause number 05-20-00985-CV:
1. First American Title Insurance Company's appellant's brief filed on June 29, 2020;
2. First American Title Insurance Company's reply brief filed on August 13, 2020;
3. Motion for Temporary Relief filed on July 22, 2020;
4. Response filed on August 3, 2020;
5. Response filed on August 6, 2020; and
6. Reply filed on August 7, 2020.
Appellants Ashby, Beynon, and Nelson filed an appellate brief with the Rockwell appellants. In light of the severance, we ORDER Ashby, Beynon, and Nelson to file a revised appellant's brief within twenty days of the date of this order. Appellees will have twenty days to file a revised combined appellees' brief addressing the appeal of Ashby, Beynon, Nelson, and First American Title Insurance Company. Within ten days after appellees filed their combined brief, appellants Ashby, Beynon, and Nelson shall file any reply brief and appellant First American Title Insurance Company shall file any amended reply brief.
We ABATE appellate cause number 05-20-00478-CV.
/s/ KEN MOLBERG
JUSTICE