Opinion
01-23-00331-CV
04-25-2024
Elizabeth Thomas, James Allen, Allan Haye, Robert Thomas, and James Andersen v. PCF Properties in TX, LLC
80th District Court of Harris County Trial court case number: 2020-35780
ORDER
JULIE COUNTISS, JUDGE
On January 18, 2024, this case was stayed pursuant to a suggestion of bankruptcy filed by appellant, Elizabeth Thomas, in the United States Bankruptcy Court for the Southern District of Texas. See 11 U.S.C. § 362(a); Tex.R.App.P. 8.1, 8.2.
On January 22, 2024, appellee, PCF Properties in Texas LLC, represented by attorney of record, John V. Burger, filed a "Notice of Termination of the Automatic Stay Pursuant to 11 U.S.C. § 362(c)(3)(A)," stating that effective January 18, 2024, the automatic stay under 11 U.S.C. § 362(a) was terminated as to Thomas.
On April 2, 2024, the Clerk of the Court requested that the parties submit, within fourteen days of the date of the notice, a status report informing the Court of the status of the bankruptcy case. On April 2, 2024, attorney, Alzadia Spires, claiming to also represent appellee, and appellants, Thomas, James Allen, Allan Haye, Robert L. Thomas, and James M. Andersen, filed a purported "Joint Motion to Reinstate Appeal," together with an "Order of Dismissal" signed by the United States Bankruptcy Court for the Southern District of Texas on March 16, 2024. In the motion, appellants represented that "[o]n March 16, 2024, the United States Bankruptcy Court for the Southern District of Texas dismissed" the bankruptcy case, and they requested that the Court reinstate the appeal.
Nothing in the record reflects that Spires represents appellee. See generally Tex. R. App. P. 6 ("Representation by Counsel"). Attorney John V. Burger is lead counsel for appellee. See Tex. R. App. P. 6.1. Burger has notified the Court that "Spires does not represent [a]ppellee" and "Spires has not been authorized to settle[] any issues on [a]ppellee's behalf in this case." Absent actions that comply with the Texas Rules of Appellate Procedure, Burger remains as the attorney of record for appellee in this case. All future filings in which anyone other than the appellee's attorney of record purports to represent appellee will be stricken and the filing party will be subject to sanctions.
Further, in an "Objection" filed by Burger, on behalf of appellee, on April 3, 2024, appellee confirmed that the bankruptcy proceeding was "dismissed with prejudice."
Accordingly, we grant the motion to the extent that appellants requested that the appeal be reinstated, and we REINSTATE this case on the Court's active docket. See Tex. R. App. P. 8.3(a) (noting any party may move appellate court to reinstate appeal). Any other relief requested by appellants or Spires, purportedly on behalf of appellee, in the "Joint Motion to Reinstate Appeal" is denied.
It is so ORDERED.