in the Interest of Z.Z.B. and S.M.B.

Court of Appeals of Texas

in the Interest of Z.Z.B. and S.M.B.

DecidedJuly 23, 2015

Docket05-12-00451-CV

StatusPublished

This text of in the Interest of Z.Z.B. and S.M.B. (in the Interest of Z.Z.B. and S.M.B.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

in the Interest of Z.Z.B. and S.M.B., (Tex. Ct. App. 2015).

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Opinion

CHIEF JUSTICE CAROLYN WRIGHT LISA MATZ JUSTICES CLERK OF THE COURT DAVID L. BRIDGES (214) 712-3450 MOLLY FRANCIS lisa.matz@5th.txcourts.gov DOUGLAS S. LANG GAYLE HUMPA ELIZABETH LANG-MIERS ROBERT M. FILLMORE Court of Appeals BUSINESS ADMINISTRATOR (214) 712-3434 LANA MYERS DAVID EVANS Fifth District of Texas at Dallas gayle.humpa@5th.txcourts.gov DAVID LEWIS 600 COMMERCE STREET, SUITE 200 FACSIMILE ADA BROWN DALLAS, TEXAS 75202 (214) 745-1083 CRAIG STODDART (214) 712-3400 INTERNET BILL WHITEHILL HTTP://5TH.TXCOURTS.GOV DAVID J. SCHENCK

July 23, 2015

Ryan Anderson Georganna Simpson 112 E. Pecan Str. 1349 Empire Central Dr. Suite 777 Woodview Tower, Suite 600 San Antonio, TX 78205 Dallas, TX 75247

RE: 05-12-00451-CV In the Interest of Z.Z.B. and S.M.B., Children

Counsel:

This interlocutory appeal has been abated since May 16, 2012 due to the filing of bankruptcy by appellant Stephen Aaron Bergenholtz. Since that date, we have had no correspondence regarding the status of the bankruptcy proceedings. The Courts records, however, reflect that since the filing of bankruptcy and abatement of the appeal, the Court has had four other cases filed by Mr. Bergenholtz regarding the same trial court number. They are as follows:

05-13-01228-CV, In re Stephen Aaron Bergenholtz (Original Mandamus Proceeding) 05-13-00261-CV, In the Interest of S.M.B., A Child 05-14-00732-CV, In re Stephen Aaron Bergenholtz (Original Mandamus Proceeding) 05-14-00745-CV, In the Interest of S.M.B., A Child (Opinion issued July 1, 2015)

Thus, it appears the bankruptcy proceedings which resulted in the abatement of the appeal in cause no. 05-12-00451-CV are closed and the appeal should be reinstated for further disposition. Therefore, the parties are directed to notify the Court, within TEN DAYS of the date of this letter, why the interlocutory appeal in cause no. 05-12-00451- CV should not be reinstated and set for dismissal due to the entry of a final judgment, which was referenced in the appeal in 05-14-00745-CV. Failure to respond will result in this Court reinstating the appeal and dismissing the appeal without further notice.

Sincerely,

/s/ Lisa Matz, Clerk of the Court

cc: Frank O. Carroll, III, 2800 Post Oak Blvd., 57th Floor, Houston, TX 77056 Stephen Aaron Bergenholtz, P.O. Box 250449, Plano, TX 75025 Howard Shapiro, P.O. Box 861720, Plano, TX 75086-1720

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CHIEF JUSTICE CAROLYN WRIGHT LISA MATZ JUSTICES CLERK OF THE COURT DAVID L. BRIDGES (214) 712-3450 MOLLY FRANCIS lisa.matz@5th.txcourts.gov DOUGLAS S. LANG GAYLE HUMPA ELIZABETH LANG-MIERS ROBERT M. FILLMORE Court of Appeals BUSINESS ADMINISTRATOR (214) 712-3434 LANA MYERS DAVID EVANS Fifth District of Texas at Dallas gayle.humpa@5th.txcourts.gov DAVID LEWIS 600 COMMERCE STREET, SUITE 200 FACSIMILE ADA BROWN DALLAS, TEXAS 75202 (214) 745-1083 CRAIG STODDART (214) 712-3400 INTERNET BILL WHITEHILL HTTP://5TH.TXCOURTS.GOV DAVID J. SCHENCK

July 23, 2015

Ryan Anderson Georganna Simpson 112 E. Pecan Str. 1349 Empire Central Dr. Suite 777 Woodview Tower, Suite 600 San Antonio, TX 78205 Dallas, TX 75247

RE: 05-12-00451-CV In the Interest of Z.Z.B. and S.M.B., Children

Counsel:

This interlocutory appeal has been abated since May 16, 2012 due to the filing of bankruptcy by appellant Stephen Aaron Bergenholtz. Since that date, we have had no correspondence regarding the status of the bankruptcy proceedings. The Courts records, however, reflect that since the filing of bankruptcy and abatement of the appeal, the Court has had four other cases filed by Mr. Bergenholtz regarding the same trial court number. They are as follows:

05-13-01228-CV, In re Stephen Aaron Bergenholtz (Original Mandamus Proceeding) 05-13-00261-CV, In the Interest of S.M.B., A Child 05-14-00732-CV, In re Stephen Aaron Bergenholtz (Original Mandamus Proceeding) 05-14-00745-CV, In the Interest of S.M.B., A Child (Opinion issued July 1, 2015)

Thus, it appears the bankruptcy proceedings which resulted in the abatement of the appeal in cause no. 05-12-00451-CV are closed and the appeal should be reinstated for further disposition. Therefore, the parties are directed to notify the Court, within TEN DAYS of the date of this letter, why the interlocutory appeal in cause no. 05-12-00451- CV should not be reinstated and set for dismissal due to the entry of a final judgment, which was referenced in the appeal in 05-14-00745-CV. Failure to respond will result in this Court reinstating the appeal and dismissing the appeal without further notice.

Sincerely,

/s/ Lisa Matz, Clerk of the Court

cc: Frank O. Carroll, III, 2800 Post Oak Blvd., 57th Floor, Houston, TX 77056 Stephen Aaron Bergenholtz, P.O. Box 250449, Plano, TX 75025 Howard Shapiro, P.O. Box 861720, Plano, TX 75086-1720

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