Opinion
14-24-00403-CV
07-02-2024
FARITH TALAVERA SILWANY, Appellant v. JJLJ OPERATING, LLC D/B/A JIMMY JOES TEXAS KITCHEN AND BAR AND PATRICK LINDSEY, Appellees
On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 125641-CV
Panel Consists of Chief Justice Christopher and Justices Spain and Poissant.ABATEMENT ORDER
PER CURIAM
On May 28, 2024, appellant attempted to appeal the trial court's interlocutory order granting appellees' motion for a ruling pursuant to Texas Rule of Civil Procedure 166(g), which dismissed appellee Patrick Lindsey from the underlying proceeding. See Tex. R. Civ. P. 166(g) (providing the court may in its discretion direct the attorneys for the parties and parties or their duly authorized agents to appear before the court for a conference to consider the identification of legal matters to be rule on or decided by the court).
On June 19, 2024, appellant filed a Suggestion of Removal, indicating that a co-defendant in the underlying case, who is not a party to this appeal, filed a notice of removal to the United States District Court for the Southern District of Texas - Galveston Division. Once a state case is removed, the state court "shall proceed no further unless and until the case is remanded." 28 U.S.C. § 1446(d). The Supreme Court of Texas has held section 1446(d) applies to the Texas courts of appeals. See Meyerland Co. v. F.D.I.C., 848 S.W.2d 82, 83 (Tex. 1993) (order).
Accordingly, for administrative purposes only the appeal is abated and treated as a closed case. If the removed action is remanded to this court, then this court may proceed with the case. 28 U.S.C. § 1447(c).