Schulman, Cary and Jennifer Lugo v. Ross, Jim and Debra

Opinion

Order issued November 15, 2012

In The

(Court ul Apprats

JJift1 istrirt iii Jixas at Dallas No. 05-11-00517-CV

JENNIFER LUGO AND CARY SCHULMAN, Appellants V.

DEBRA ROSS AND JIM ROSS, Appellees

On Appeal from the County Court at Law Rockwall County, Texas

Trial Court Cause No. CI11-030

ORDER WITHDRAWING MANDATE AND STAYING APPEAL

On August 28, 2012, this Court issued an opinion and judgment in this appeal. On

November 7, 2012, this Court issued its mandate to the County Court at Law of Rockwall County.

Without notice to this Court, appellant Cary Schulman filed a bankruptcy case under Chapter 11 of the United States Bankruptcy Code on September 21, 2012, after our opinion and judgment issued. By letter dated November 8, 2012, counsel for appellees informed this Court of the bankruptcy filing. Counsel' s letter explained that appellees have not requested the implementation of our judgment because of the bankruptcy filing.

Under Rule 8.2 of the Texas Rules of Appellate Procedure, a bankruptcy suspends the appeal "from the date when the bankruptcy petition is filed until the appellate court reinstates or severs the appeal in accordance with federal law." Schulman's bankruptcy petition was not filed until after the date of our opinion and judgment. Without notice of the bankruptcy from Schulman, however, we issued our mandate after the date the appeal was suspended. See TEX. R. APP. P. 8.2.

We WITHDRAW our mandate issued November 7, 2012. See TEX. R. APP. P. 19.3 (court of appeals may issue and recall its mandate after plenary power expires). We ORDER that this appeal is STAYED as of the filing of appellant Schulman's bankruptcy proceeding on September 21, 2012. This order does not preclude reissuance of the mandate if the appeal is reinstated pursuant to Rule 8.3, Texas Rule of Appellate Procedure. See TEX. R. APP. P. 8.3 (party may move appellate court to reinstate appeal if permitted by federal law or bankruptcy court); Howell v. Thompson, 839 S.W.2d 92, 92 (Tex. 1992) (order) (opinion and judgment issued after bankruptcy filing could be reissued once bankruptcy stay lifted). The parties are ORDERED to notify this Court when the bankruptcy stay is lifted, by termination of bankruptcy or otherwise.