Toche, Vincent, John Toche, and Mike Toche, Idividually and D/B/A Toche Boat Builders and Toche Boat Builders, Inc. v. Aparicio Brothers

• Court: Court of Appeals of Texas
• Decided: March 31, 2000
• Docket: 13-99-00056-CV
• Status: Published

Opinion

NUMBER 13-99-056-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

VINCENT TOCHE, ET AL., Appellant,

v.

APARICIO BROTHERS, Appellee.

____________________________________________________________________

On appeal from the 130th District Court

of Matagorda County, Texas.

____________________________________________________________________

O P I N I O N

Before Justices Dorsey, Chavez, and Rodriguez

Opinion Per Curiam

Appellants, VINCENT TOCHE, ET AL., perfected an appeal from a judgment entered by the 130th District Court of Matagorda County, Texas, in cause number 98-J-0289-C. On December 16, 1999, this appeal was ordered abated pursuant to appellant's suggestion of bankruptcy. Appellee has now filed a motion to reinstate the appeal. In the motion, appellee states that the automatic stay automatically terminated upon the issuance of an order by the United States Bankruptcy Court discharging the debtor. Appellee requests that this Court reinstate the appeal. The parties have also filed a joint motion to dismiss the appeal. The parties state that they have entered into a written settlement agreement that is signed by all parties.

The Court, having considered the documents on file, appellee's motion to reinstate the appeal and the joint motion to dismiss the appeal, is of the opinion that the motions should be granted. Appellee's motion to reinstate the appeal is granted, and the appeal is hereby REINSTATED. The joint motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 31^st day of March, 2000.