Burroughs, Mark E. v. Spencer & Associates, P.C.

Court of Appeals of Texas

Burroughs, Mark E. v. Spencer & Associates, P.C.

DecidedApril 1, 2004

Docket14-02-00793-CV

StatusPublished

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Burroughs, Mark E. v. Spencer & Associates, P.C., (Tex. Ct. App. 2004).

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Opinion

Dismissed and Memorandum Opinion filed April 1, 2004

Dismissed and Memorandum Opinion filed April 1, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00793-CV

MARK E. BURROUGHS, Appellant

V.

SPENCER & ASSOCIATES, P.C., Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 683,128

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed June 20, 2002. The case was submitted for oral argument on February 26, 2003. On October 16, 2003, this court issued an order abating the appeal because appellant, Mark E. Burroughs, had petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 03-39966-H3-7. Because a stay is automatically effected by Section 362(a) of the Bankruptcy Code, we stayed all proceedings in the appeal. See Tex. R. App. P. 8.2.

On December 16, 2003, appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. Attached to the motion is an agreement under Texas Rule of Civil Procedure 11 setting forth the terms of a settlement agreement between the parties to this appeal. The agreement states that it was made as part of the settlement of the issues in appellant=s bankruptcy case. This court requested that appellant provide the court with a copy of the bankruptcy court=s order demonstrating the automatic stay has been lifted or terminated. See Tex. R. App. P. 8.3(a).

On March 24, 2004, appellant provided copies of the debtor=s discharge from bankruptcy and final decree from the bankruptcy court, along with a request to lift the bankruptcy stay and rule on appellant=s pending motion. Accordingly, we reinstate the appeal for purposes of ruling on appellant=s motion to dismiss.

Appellant=s motion to dismiss his appeal is granted. Therefore, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 1, 2004.

Panel consists of Justices Fowler, Edelman, and Frost.

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Dismissed and Memorandum Opinion filed April 1, 2004

Dismissed and Memorandum Opinion filed April 1, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00793-CV

MARK E. BURROUGHS, Appellant

V.

SPENCER & ASSOCIATES, P.C., Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 683,128

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed June 20, 2002. The case was submitted for oral argument on February 26, 2003. On October 16, 2003, this court issued an order abating the appeal because appellant, Mark E. Burroughs, had petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 03-39966-H3-7. Because a stay is automatically effected by Section 362(a) of the Bankruptcy Code, we stayed all proceedings in the appeal. See Tex. R. App. P. 8.2.

On December 16, 2003, appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. Attached to the motion is an agreement under Texas Rule of Civil Procedure 11 setting forth the terms of a settlement agreement between the parties to this appeal. The agreement states that it was made as part of the settlement of the issues in appellant=s bankruptcy case. This court requested that appellant provide the court with a copy of the bankruptcy court=s order demonstrating the automatic stay has been lifted or terminated. See Tex. R. App. P. 8.3(a).

On March 24, 2004, appellant provided copies of the debtor=s discharge from bankruptcy and final decree from the bankruptcy court, along with a request to lift the bankruptcy stay and rule on appellant=s pending motion. Accordingly, we reinstate the appeal for purposes of ruling on appellant=s motion to dismiss.

Appellant=s motion to dismiss his appeal is granted. Therefore, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 1, 2004.

Panel consists of Justices Fowler, Edelman, and Frost.

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