Cotter & Sons, Inc. James F. Cotter Alamo Towers-Cotter, LLC Cotter 11211 Katy Freeway Building, LP Cotter 7447 Harwin Building, LP Cotter Equities LLC Cotter Harwin Equities LLC Cotter Katy Equities LLC Cotter Katy Freeway Building, LP v. BJ Corporation D/B/A National Building Service

Opinion

Fourth Court of Appeals

San Antonio, Texas

November 15, 2017

No. 04-16-00186-CV

COTTER & SONS, INC.; James F. Cotter; Alamo Towers-Cotter, LLC; Cotter 11211 Katy Freeway Building, LP; Cotter 7447 Harwin Building, LP; Cotter Equities LLC; Cotter Harwin Equities LLC; Cotter Katy Equities LLC; Cotter Katy Freeway Building, LP; Et Al., Appellants

v.

BJ CORPORATION D/B/A NATIONAL BUILDING SERVICE, Appellees

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-09427 Honorable Gloria Saldana, Judge Presiding

ORDER

In this appeal, Appellant Alamo Towers—Cotter, LLC filed a suggestion of bankruptcy.

The suggestion discloses that Appellant filed a voluntary petition for bankruptcy in the United States Bankruptcy Court for the Western District of Texas under Case No. 17-52599-cag on November 6, 2017. See 11 U.S.C. § 362 (2012); TEX. R. APP. P. 8.1.

Accordingly, this appeal and all time periods under the Texas Rules of Appellate Procedure are stayed from the date the bankruptcy petition was filed in the bankruptcy court. See 11 U.S.C. § 362 (“Automatic stay”); TEX. R. APP. P. 8.2.

This appeal is ABATED. For administrative purposes, the appeal will be treated as a closed case unless and until it is reinstated in accordance with Rule 8.3 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 8.3.

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Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of November, 2017.

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KEITH E. HOTTLE, Clerk of Court