Opinion
14-24-00574-CV
10-24-2024
VERONICA MCKELVIN SMITH, Appellant v. TEXAS CAPITAL LOANS, LLC A DELAWARE LIMITED LIABILITY COMPANY, Appellee
On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2023-27030
Panel Consists of Justices Jewell, Bourliot, and Zimmerer.
ABATEMENT ORDER
PER CURIAM
This court has become aware that appellant is in bankruptcy. Tex.R.App.P. 8.1. On August 28, 2024, the United States Bankruptcy Court for the Southern District of Texas reopened appellant's bankruptcy proceeding under case number 24-30523. 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).
For administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court.