in Re: Irving Long Term Care, LLC D/B/A Las Brisas Rehabilitation & Wellness Suites and Thi of Texas, LLC

• Court: Court of Appeals of Texas
• Decided: April 22, 2021
• Docket: 05-21-00141-CV
• Status: Published

Opinion

Order entered April 22, 2021

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-21-00141-CV

IN RE IRVING LONG TERM CARE, LLC D/B/A LAS BRISAS REHABILITATION & WELLNESS SUITES AND THI OF TEXAS, LLC, Relators

Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-12843-K

ORDER Justices Molberg, Partida-Kipness, and Reichek

It has come to our attention that two of the defendants have removed the

underlying suit to the United States District Court for the Northern District of

Texas through the filing of a March 17, 2021 notice of removal in the trial court.

Pursuant to 28 U.S.C. §1446(d), once removal is effected, “the State court shall

proceed no further unless and until the case is remanded.” 28 U.S.C. §1446(d); see

Meyerland Co. v. Fed. Deposit Ins. Co, 848 S.W.2d 82, 83 (Tex. 1993).

Accordingly, for administrative purposes, this original proceeding is

ABATED. It may be reinstated on prompt motion by any party showing that the case has been remanded and specifying what further action, if any, is required from

this Court.

/s/ KEN MOLBERG JUSTICE