Meece v. OCC Construction Corp.

264 S.W.3d 928, 2008 Tex. App. LEXIS 7832, 2008 WL 4594343

• Court: Court of Appeals of Texas
• Decided: October 15, 2008
• Docket: 10-08-00329-CV, 10-08-00354-CV
• Status: Published

Opinions

SEVERANCE AND REINSTATEMENT ORDER

PER CURIAM.

Appellants¹ Margaret Meece and Patrick Meece have filed a Suggestion of Bankruptcy advising this Court that they filed a voluntary bankruptcy petition on September 3, 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 Appellants Margaret Meece and Patrick Meece, and the remaining appellant, Margaret Hiebeler, 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 appeals of Margaret Meece and Patrick Meece from the remainder of the appeal. See Tex. R.App. P. 8.3(b); Ma-SteO, 2005 WL 984785, at *1. The Clerk of this Court shall docket the appeal of Margaret Meece and Patrick Meece under cause number 10-08-00354-CV, styled Margaret Meece and Patrick Meece v. OCC Construction Corporation.

This appeal is reinstated, and the Clerk of this Court shall re-style this appeal as Margaret Hiebeler v. OCC Construction Corporation. See Mar-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; Mar-Stell, 2005 WL 984785, at *1.

Chief Justice GRAY dissenting.

1 . The appellants in this cause are Margaret Meece, Patrick Meece, and Margaret Hiebeler.