Cal Dive Offshore Contractors Inc. v. Nigel Bryant

• Court: Court of Appeals of Texas
• Decided: March 19, 2015
• Docket: 14-13-00883-CV
• Status: Published

Opinion

Abatement Order filed March 19, 2015

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00883-CV ____________

CAL DIVE OFFSHORE CONTRACTORS INC., Appellant

V.

NIGEL BRYANT, Appellee

On Appeal from the 152nd District Court Harris County, Texas Trial Court Cause No. 2011-57457

ABATEMENT ORDER

Notice was filed on March 17, 2015, that appellant is in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on March 3, 2015, appellant Cal Dive Contractors, Inc. petitioned for bankruptcy protection in the United States Bankruptcy Court for the District of Delaware under case number 15-10459-CSS. 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.

PER CURIAM