Mohammad Reza Assadi v. Amir Batoei Family AB Austin Feb5, LP And Lee AB Land, LLC ( 2021 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-20-00135-CV
Mohammad Reza Assadi, Appellant
v.
Amir Batoei; Family AB Austin Feb5, LP; and Lee AB Land, LLC, Appellees
FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-18-006408, THE HONORABLE CATHERINE MAUZY, JUDGE PRESIDING
MEMORANDUM OPINION
On July 31, 2020, this Court stayed the appeal after receiving notice that appellant
had filed for bankruptcy protection. See Assadi v. Batoei, No. 03-20-00135-CV, 2020 WL
4726745, at *1 (Tex. App.—Austin July 31, 2020, no pet.) (per curiam) (mem. op.). Appellant,
through the chapter 7 trustee for the estate of Mohammad Reza Assadi, and appellees have now
filed an agreed motion to reinstate and dismiss this appeal. In their motion, the parties have
informed this Court that the bankruptcy court has issued an order granting the trustee’s motion to
compromise and settle claims and requiring that “[t]he estate shall dismiss with prejudice the
State Court Appeal No. 03-20-00135-CV.” Accordingly, we grant the agreed motion; reinstate
this appeal, see Tex. R. App. P. 8.3(a) (“If a case has been suspended by a bankruptcy filing, a
party may move that the appellate court reinstate the appeal if permitted by . . . the bankruptcy
court.”); and dismiss the appeal, see id. R. 42.1(a).
__________________________________________
Melissa Goodwin, Justice
Before Justices Goodwin, Baker, and Smith
Dismissed on Agreed Motion
Filed: August 20, 2021
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