Billie Murphy Tremble, Sharon Tremble Donaldson, Selia Tremble Shawkey, Wilmer Forrest Tremble, Jr., the Estate of Wilmer Forrest Tremble, Sr. v. Luminant Mining Company LLC, Energy Future Holdings Corporation and Subsidiaries

• Court: Court of Appeals of Texas
• Decided: May 28, 2015
• Docket: 06-15-00005-CV
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

Nos. 06-15-00004-CV, 06-15-00005-CV & 06-15-00006-CV

BILLIE MURPHY TREMBLE, SHARON TREMBLE DONALDSON, SELIA TREMBLE SHAWKEY, WILMER FORREST TREMBLE, JR., THE ESTATE OF WILMER FORREST TREMBLE, SR., Appellants

V.

LUMINANT MINING COMPANY, LLC, ENERGY FUTURE HOLDINGS CORPORATION AND SUBSIDIARIES, Appellees

On Appeal from the 4th District Court Rusk County, Texas Trial Court Nos. 2013-390, 2013-391 & 2013-392

Before Morriss, C.J., Moseley and Carter*, JJ. _____________________________________ *Jack Carter, Justice, Retired, Sitting by Assignment ORDER

This Court has been notified that Luminant Mining Company, LLC, a party to this pending

appeal, filed a voluntary petition for bankruptcy April 29, 2014, in the United States Bankruptcy

Court for the District of Delaware under cause number 14-10979. Pursuant to the Bankruptcy

Code, further action in this appeal is automatically stayed, see 11 U.S.C.A. § 362 (West, Westlaw

current through May 26, 2015), and under Rule 8.2 of the Texas Rules of Appellate Procedure, the

appeal is suspended. See TEX. R. APP. P. 8.2.

Accordingly, this case is hereby abated and, for administrative purposes, will be treated as

closed. Any party may move to reinstate the appeal by promptly filing a motion to reinstate

including, as an attachment, either a certified copy of an order showing that the automatic

bankruptcy stay has been lifted or any other authenticated document demonstrating that

reinstatement is permitted by federal law and/or the relevant bankruptcy court. TEX. R. APP.

P. 8.3(a). Any party may also move to sever the appeal in accordance with the provisions of Rule

8.3(b) of the Texas Rules of Appellate Procedure. TEX. R. APP. P. 8.3(b).

In the event of reinstatement, any period that began to run but had not expired at the time

of suspension will begin anew when the appeal is reinstated. Any document filed while the

proceeding is suspended will be deemed filed on the same day, but after, the Court reinstates the

appeal. TEX. R. APP. 8.2, 8.3.

In accordance with Rule 8.2 of the Texas Rules of Appellate Procedure, we suspend this

appeal by abating it. See TEX. R. APP. P. 8.2.

2 IT IS SO ORDERED.

BY THE COURT

Date: May 28, 2015