RSL Funding LLC v. Chaveze D. Pippins, Daniel P. Morris, Donna M. O'Brien, Metropolitan Life Insurance Company of Connecticut & Met Life Investors USA Insurance Co.

• Court: Court of Appeals of Texas
• Decided: July 25, 2013
• Docket: 14-12-00279-CV
• Status: Published

Opinion

Abatement Order filed July 25, 2013

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00279-CV ____________

RSL FUNDING LLC, Appellant

V.

CHAVEZE D. PIPPINS, DANIEL P. MORRIS, DONNA M. O'BRIEN, METROPOLITAN LIFE INSURANCE COMPANY OF CONNECTICUT & MET LIFE INVESTORS USA INSURANCE CO., Appellees

On Appeal from County Civil Ct at Law No 4 Harris County, Texas Trial Court Cause No. 994875

ABATEMENT ORDER

Notice was filed on July 23, 2013 that appellee Donna M. O’Brien is in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on June 28, 2013, Donna M. O’Brien, petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Western District of New York under case number 2-13- 21014-PRW. 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