Donal S. Clark v. 24/7 Grill, LLC

Opinion

Abatement Order filed April 14, 2015.

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00977-CV ____________

DONAL S. CLARK, Appellant

V.

24/7 GRILL, LLC, Appellee

On Appeal from the 10th District Court Galveston County, Texas Trial Court Cause No. 13-CV-1262

ABATEMENT ORDER

Notice was filed on March 25, 2015 that C. Michael Orr, part owner of appellee, is in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on March 20, 2015, Orr petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Western District of Texas under case number 15-10390. 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