PM Management-Portland NC, LLC D/B/A Trisun Care Center Coastal Palms and Senior Care Centers v. Benita Martinez, Individually and on Behalf of the Estate of Ruben Martinez

• Court: Court of Appeals of Texas
• Decided: December 10, 2018
• Docket: 13-18-00205-CV
• Status: Published

Opinion

NUMBER 13-18-00205-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

PM MANAGEMENT-PORTLAND NC, LLC D/B/A TRISUN CARE CENTER COASTAL PALMS AND SENIOR CARE CENTERS, ET AL., Appellants,

v.

BENITA MARTINEZ, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF RUBEN MARTINEZ, DECEASED, Appellee. ____________________________________________________________

On appeal from the 148th District Court of Nueces County, Texas. ____________________________________________________________

ORDER

Before Justices Rodriguez, Longoria, and Hinojosa Order Per Curiam On December 7, 2018, appellants, PM Management-Portland NC, LLC d/b/a

Trisun Care Center Coastal Palms and Senior Care Centers, LLC, filed a suggestion of bankruptcy and notice of automatic stay in this appeal. According to the notice,

appellants filed a bankruptcy petition on December 4, 2018, in the United States

Bankruptcy Court for the Northern District of Texas.

Upon the filing of a bankruptcy petition, an automatic stay becomes effective which

prohibits the commencement or continuation of any judicial action or proceeding against

the debtor and any property within the debtor's bankruptcy estate. See 11 U.S.C.A. §

362(a). Pursuant to Rule 8.2 of the Texas Rules of Appellate Procedure, the appeal is

suspended. See TEX. R. APP. P. 8.2.

Accordingly, this appeal is ABATED until further order of this Court. Any

documents filed subsequent to the bankruptcy petition will remain pending until the appeal

is reinstated. The parties are directed to take such action as is appropriate to advise the

Court of any change in the status of the bankruptcy proceeding which would affect the

status of this appeal, including but not limited to, the filing of a motion to reinstate pursuant

to Texas Rule of Appellate Procedure 8.3. See id. 8.3.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 10th day of December, 2018.