MCI SALES AND SERVICE, INC. v. Hinton

272 S.W.3d 44, 2008 Tex. App. LEXIS 7835, 2008 WL 4594349

• Court: Court of Appeals of Texas
• Decided: October 15, 2008
• Docket: 10-06-00256-CV, 10-08-00353-CV
• Status: Published

Opinions

SEVERANCE AND REINSTATEMENT ORDER

PER CURIAM.

Appellant¹ MCI Sales and Service, Inc. has filed a notice of bankruptcy advising this Court that it filed a voluntary bankruptcy petition on September 15, 2008. Accordingly, this appeal has been suspended because of the automatic bankruptcy stay. See Tex.R.App. P. 8.2; 11 U.S.C.A. § 362(a). However, the stay is effective only as to Appellant MCI Sales and Service, Inc., and the remaining appellant, Motor Coach Industries Mexico, S.A. de C.V., f/k/a Dina Autobuses, S.A. de C.V., cannot benefit from the stay. See In re Sw. Bell Tel. Co., 35 S.W.3d 602, 604 (Tex.2000); Ma-Stell, Inc. v. Anadarko E & P Co., No. 10-03-358-CV, 2005 WL 984785, at *1 (Tex.App.-Waco Apr. 27, 2005, order); Lisanti v. Dixon, 147 S.W.3d 638, 641-42 (Tex.App.-Dallas 2004, pet. denied), cert. denied, 549 U.S. 818, 127 S.Ct. 83, 166 L.Ed.2d 30 (2006).

Accordingly, we sever the appeal of MCI Sales and Service, Inc. from the remainder of the appeal. See Tex.R.App. P. 8.3(b); Ma-Stell, 2005 WL 984785, at *1. The Clerk of this Court shall docket the appeal of MCI Sales and Service, Inc. under cause number 10-08-00353-CV, styled MCI Sales and Service, Inc. v. James Hinton, Individually and as Representative of the Estate of Dolores Hinton, Deceased, et al.

This appeal is reinstated, and the Clerk of this Court shall re-style this appeal as Motor Coach Industries Mexico, S.A de C.V., f/k/a Dina Autobuses, S.A. de C.V. v. James Hinton, Individually and as Representative of the Estate of Dolores Hinton, Deceased, et al. See Ma-Stell, 2005 WL 984785, at *1.

Any time period allowed for action under the appellate rules that had begun to run and had not expired when this proceeding was suspended begins anew on the date of this order. See Tex.R.App. P. 8.2; Ma-Stell, 2005 WL 984785, at *1.

Chief Justice GRAY dissenting.

1 . The two appellants in this cause are MCI Sales and Service, Inc., f/k/a Hausman Bus Sales, Inc., and Motor Coach Industries Mexico, S.A. de C.V., f/k/a Dina Autobuses, S.A. de C.V.