Jiangsu Jinshi MacHinery Group Co., Ltd. v. Kana Energy Services, Inc.

• Court: Court of Appeals of Texas
• Decided: January 29, 2019
• Docket: 14-18-01052-CV
• Status: Published

Opinion

Order filed January 29, 2019

In The

Fourteenth Court of Appeals ____________

NO. 14-18-01052-CV ____________

JIANGSU JINSHI MACHINERY GROUP CO., LTD., Appellant

V.

KANA ENERGY SERVICES, INC., Appellee

On Appeal from the 190th District Court Harris County, Texas Trial Court Cause No. 2017-55123

ORDER

On January 18, 2019, this court received notice that appellant, Jiangsu Jinshi Machinery Group Co. Ltd., removed the underlying proceeding to the U.S. District Court for the Southern District of Texas. Once a state case is removed, the state court “shall proceed no further unless and until the case is remanded.” 28 U.S.C. § 1446(d). The Texas Supreme Court has held section 1446(d) applies to the Texas courts of appeals. See Meyerland Co. v. F.D.I.C., 848 S.W.2d 82, 83 (Tex. 1993) (order). Accordingly, for administrative purposes only, and without surrendering jurisdiction, the appeal is ABATED and treated as a closed case until further order of this court. Any party may file a motion to reinstate the appeal upon the dismissal or remand of the removed action.

PER CURIAM