Alireza Hashemi, Homa, LLC, Shirdal LLC and Paramount Health Services LLC v. Amir Kazemi, Resan Holdings, LLC and Apex Physical Rehabilitation and Wellness, PLLC

• Court: Court of Appeals of Texas
• Decided: October 13, 2022
• Docket: 14-22-00665-CV
• Status: Published

Opinion

Abatement Order filed October 13, 2022

In The

Fourteenth Court of Appeals ____________

NO. 14-22-00665-CV ____________

ALIREZA HASHEMI; HOMA, LLC; SHIRDAL, LLC; AND PARAMOUNT HEALTH SERVICES, LLC, Appellants

V.

AMIR KAZEMI; RESAN HOLDINGS, LLC; AND APEX PHYSICAL REHABILITATION AND WELLNESS, PLLC; Appellees

On Appeal from the 133rd District Court Harris County, Texas Trial Court Cause No. 2014-46551

ABATEMENT ORDER

Notice was filed on September 30, 2022, that Paramount Health Services, LLC; Homa, LLC; and Shirdal, LLC; are in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on September 5, 2022, those appellants petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case numbers 22-32623; 22-3264; and 22-3265. 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.

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. No such order was attached to the notice of bankruptcy. Accordingly, we ORDER the appeal abated.

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.

PER CURIAM

Panel Consists of Justices Spain, Poissant and Wilson.