Edward L. Kennedy v. Southbrook Development Corporation, Wesley C. Anderson, Lacey M. Anderson, Callum R. Cook, Kimberly A. Cook, and Keenon Rayner

• Court: Court of Appeals of Texas
• Decided: May 30, 2019
• Docket: 13-17-00394-CV
• Status: Published

Opinion

NUMBER 13-17-00394-CV NUMBER 13-19-00229-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

EDWARD L. KENNEDY, DIVERSIFIED SITE-WORK, INC. AND WATER OAK DEVELOPMENT GROUP, LLC. Appellants,

v.

SOUTHBROOK DEVELOPMENT CORPORATION, WESLEY C. ANDERSON, LACEY M. ANDERSON, CALLUM R. COOK, KIMBERLY A. COOK AND KEENON RAYNER, Appellees.

On appeal from the 410th District Court of Montgomery County, Texas.

ORDER Before Chief Justice Contreras and Justices Longoria and Perkes Order Per Curiam Appellants Edward L. Kennedy, Diversified Site-Work, Inc., and Water Oak

Development Group, LLC filed an appeal in appellate cause number 13-17-00394-CV

from a judgment entered by the 410th District Court of Montgomery County, Texas. 1 On

September 11, 2017, we abated the cause. 2 However, Diversified Site-Work, Inc. and

Water Oak Development Group, LLC have filed a motion requesting to dismiss their

appeal of the trial court’s judgment. This appeal is hereby REINSTATED.

The appeal with respect to appellants Diversified Site-Work, Inc. and Water Oak

Development Group, LLC is hereby SEVERED from cause number 13-17-00394-CV and

placed into appellate cause number 13-19-00229-CV. The appeal with respect to

appellant Edward L. Kennedy remains docketed under the original cause number 13-17-

00394-CV and will proceed in due course.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 30th day of May, 2019.

1 This case is before this Court on transfer from the Ninth Court of Appeals in Beaumont pursuant

to a docket-equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. 2 We abated this cause because Diversified Site-Work, Inc. and Water Oak Development Group, LLC filed a petition for bankruptcy. However, the record shows that Edward L. Kennedy is not a party to that bankruptcy proceeding, and there is nothing in the record showing that he has filed for bankruptcy.