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SJ Med. Ctr. v. Anozie

Court of Appeals of Texas, Fourteenth District
Jul 25, 2024
No. 14-23-00300-CV (Tex. App. Jul. 25, 2024)

Opinion

14-23-00300-CV

07-25-2024

SJ MEDICAL CENTER, LLC D/B/A ST. JOSEPH MEDICAL CENTER, Appellant v. OLANMA DESTINY ANOZIE, Appellee


On Appeal from the 157th District Court Harris County, Texas Trial Court Cause No. 2023-04872

Panel Consists of Chief Justice Christopher and Justices Wise and Jewell.

ABATEMENT ORDER

PER CURIAM

On May 7, 2024, this court issued an opinion and judgment. Additionally, the mandate was issued on July 16, 2024. On July 17, 2024, appellant filed a notice in this court that appellant SJ Medical Center, LLC filed a bankruptcy petition on May 6, 2024. Because our opinion, judgment, and mandate were issued after appellant filed a bankruptcy petition, they are void. See Howell v. Thompson, 839 S.W.2d 92, 92 (Tex. 1992) (published order); Carto Properties, LLC v. Briar Capital, L.P., No. 01-15-01114-CV, 2018 WL 827558 at *16 n.1 (Tex. App.- Houston [1st Dist.] Feb. 13, 2018, pet. denied).

According to the notice, on May 6, 2024, appellant SJ Medical Center, LLC, petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 24-90210 jointly administered under case number 24-90213. A bankruptcy suspends the appeal from the date when the bankruptcy petition is filed until the appellate court reinstates the appeal in accordance with federal law. Tex.R.App.P. 8.2. Accordingly, we ORDER the appeal abated.

When a case has been suspended by a bankruptcy filing, a party may move the appellate court to reinstate the appeal if permitted by federal law or the bankruptcy court. Tex.R.App.P. 8.3. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion. Id. A party filing a motion to reinstate shall specify what further action, if any, is required from this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a).

This court's opinion and judgment filed May 7, 2024 and the mandate filed July 16, 2024, are withdrawn, and our judgment of that date is vacated. For administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court.


Summaries of

SJ Med. Ctr. v. Anozie

Court of Appeals of Texas, Fourteenth District
Jul 25, 2024
No. 14-23-00300-CV (Tex. App. Jul. 25, 2024)
Case details for

SJ Med. Ctr. v. Anozie

Case Details

Full title:SJ MEDICAL CENTER, LLC D/B/A ST. JOSEPH MEDICAL CENTER, Appellant v…

Court:Court of Appeals of Texas, Fourteenth District

Date published: Jul 25, 2024

Citations

No. 14-23-00300-CV (Tex. App. Jul. 25, 2024)