In Re Philadelphia Indemnity Insurance Company v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 9, 2023
• Docket: 10-22-00263-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00263-CV

IN RE PHILADELPHIA INDEMNITY INSURANCE COMPANY

Original Proceeding

From the 272nd District Court Brazos County, Texas Trial Court No. 20-000962-CV-272

MEMORANDUM OPINION

A Petition for Writ of Mandamus and a corresponding Emergency Motion for

Temporary Relief were filed on August 12, 2022. Real Party in Interest, Sayers

Construction, LLC, filed a notice that it filed a voluntary petition under Chapter 7 of the

United States Bankruptcy Code on December 16, 2022. See TEX. R. APP. P. 8.1. Because

further action in this proceeding could be subject to an automatic stay, see 11 U.S.C. § 362,

we requested briefing from any party as to the impact, if any, of the bankruptcy filing on

this proceeding. No response was received.

In an order issued on January 27, 2023, we stayed the proceeding for six months,

and the parties were notified that unless reinstated on proper motion, this proceeding would be administratively closed without further notice. Six months have passed and no

reinstatement on proper motion was requested.

Accordingly, for administrative purposes, this proceeding is suspended and will

be treated as closed unless reinstated on a proper motion. See TEX. R. APP. P. 8.2; 8.3.

The Clerk of this Court is directed to transmit a copy of this opinion to the

attorneys of record, the trial court judge, and the trial court clerk.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Petition suspended; administratively closed Opinion delivered and filed August 9, 2023 [OT06]

In re Philadelphia Indem. Ins. Co. Page 2