Victor Maldonado v. Sumeer Homes, Inc. Palmer Drywall, L.L.C. Arturo Galvan And, ISC Building Materials, Inc.

Opinion

Order entered August 22, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01599-CV

VICTOR MALDONADO, Appellant

V.

SUMEER HOMES, INC., ET AL., Appellees

On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-10-01137-E

ORDER On July 22, 2014, the Court of Chancery of the State of Delaware declared Freestone

Insurance Company insolvent and appointed a receiver to liquidate it. At that time, appellee

Sumeer Homes, Inc. thought it was insured under a policy issued by Freestone. Accordingly,

Sumeer Homes filed an automatic stay of proceedings in this Court. In an order dated July 28,

2014, we abated this case until January 18, 2015. See TEX. INS. CODE ANN. art. 462.309(a)

(West 2009).

Before the Court is Sumeer Homes’ August 8, 2014 motion to lift stay of proceedings.

Sumeer Homes has informed the Court that it has learned that, at the time of the occurrence in

the underlying lawsuit, it was insured by an insurance policy issued by Companion Property &

Casualty Insurance Company and not Freestone. Sumeer Homes asks that the stay be lifted. We GRANT Sumeer Homes’ motion and REINSTATE this case. The case will be set

in due course.

/s/ ADA BROWN JUSTICE