Miguel a Romero, Olga L. Martinez and All Occupants v. Maria H. Martinez

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2018
• Docket: 14-16-00882-CV
• Status: Published

Opinion

Abatement Order filed January 11, 2018.

In The

Fourteenth Court of Appeals ____________

NO. 14-16-00882-CV ____________

MIGUEL A. ROMERO, OLGA L. MARTINEZ, AND ALL OCCUPANTS, Appellants

V.

MARIA H. MARTINEZ, Appellee

On Appeal from the County Court at Law No. 3 Harris County, Texas Trial Court Cause No. 1083172

ABATEMENT ORDER

Notice was filed on January 8, 2018 that appellee’s spouse is in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on December 16, 2017, Angel Martinez petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 17-36735- H4. A bankruptcy suspends the appeal from the date when the bankruptcy petition is filed until the appellate court reinstates the appeal in accordance with federal law. Tex. R. App. P. 8.2. Accordingly, we ORDER the appeal abated.

When a case has been suspended by a bankruptcy filing, a party may move the appellate court to reinstate the appeal if permitted by federal law or the bankruptcy court. Tex. R. App. P. 8.3. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion. Id. A party filing a motion to reinstate shall specify what further action, if any, is required from this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a).

For administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court.

PER CURIAM