Enron Equipment Procurement Company v. Siemans Westinghous Power Corporation

• Court: Court of Appeals of Texas
• Decided: September 29, 2005
• Docket: 14-05-00406-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 29, 2005

Dismissed and Memorandum Opinion filed September 29, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00406-CV

ENRON EQUIPMENT PROCUREMENT COMPANY, Appellant/Cross-Appellee

V.

SIEMENS WESTINGHOUSE POWER CORPORATION, Appellee/Cross-Appellant

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 01-44553

M E M O R A N D U M   O P I N I O N

Both parties have appealed from a judgment signed January 10, 2005.  Enron Equipment Procurement Corporation has filed for bankruptcy protection in the United States Bankruptcy Court for the Southern District of New York.  The parties filed an agreed motion to abate this appeal pending the bankruptcy court=s review of a settlement agreement between them.  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 September 15, 2005, the parties filed an agreed motion to dismiss their respective appeals because the case has settled.  See Tex. R. App. P. 42.1.  Attached to the motion is a sworn copy of the bankruptcy court=s order approving the parties= settlement agreement.  Therefore, the bankruptcy stay is lifted and the parties= agreed motion to dismiss is granted.  See Tex. R. App. P. 8.3. 

Accordingly, the appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 29, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.