John J. Hindera v. Texas Tech University

• Court: Court of Appeals of Texas
• Decided: July 10, 2003
• Docket: 07-02-00095-CV
• Status: Published

Opinion

NO. 07-02-0095-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JULY 10, 2003

______________________________

JOHN J. HINDERA, APPELLANT

V.

TEXAS TECH UNIVERSITY, ET AL., APPELLEES

_________________________________

FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2000-509,053; HONORABLE SAM MEDINA, JUDGE

_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

ORDER ON APPELLANT'S MOTION TO REINSTATE APPEAL

AND APPELLEES' OPPOSITION AND MOTION TO DISMISS APPEAL

Subsequent to the filing of his notice of appeal, on May 9, 2002, this Court abated this appeal pursuant to appellant's notice of suggestion of bankruptcy. See Tex. R. App. 8.2. Pending before this Court is appellant's motion to reinstate the appeal by which he asserts the stay has been lifted. The motion is supported by a copy of an order of the United States Bankruptcy Court, Western District of Texas, dated July 26, 2002, granting appellant a discharge in bankruptcy; however, the order does not provide that the stay was lifted. Instead, the order expressly provides that the bankruptcy proceeding was not dismissed.

In response to appellant's motion to reinstate, conceding the stay has been lifted; appellees contend the appeal should be dismissed because appellant has failed to diligently pursue it as required by Rules 38.8(a)(1) and 42.3(b) and (c) of the Texas Rules of Appellate Procedure. Rule 8.3(a) requires that a certified copy of the order lifting the stay be attached to the motion to reinstate. Appellant's motion and supporting documentation are insufficient to support reinstatement of this appeal at this time. Thus, without passing on the merits of either parties' motions, we direct appellant to file a supplemental motion supported by legal authorities and a certified copy of the bankruptcy court's order lifting the stay on or before Monday, August 4, 2003. Appellees response to the supplemental motion, if any, shall be filed on or before Monday, August 18, 2003.

It is so ordered.

Per Curiam