billie-murphy-tremble-sharon-tremble-donaldson-selia-tremble-shawkey ( 2015 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
Nos. 06-15-00004-CV, 06-15-00005-CV
& 06-15-00006-CV
BILLIE MURPHY TREMBLE, SHARON TREMBLE DONALDSON,
SELIA TREMBLE SHAWKEY, WILMER FORREST TREMBLE, JR., THE
ESTATE OF WILMER FORREST TREMBLE, SR., Appellants
V.
LUMINANT MINING COMPANY, LLC, ENERGY FUTURE HOLDINGS
CORPORATION AND SUBSIDIARIES, Appellees
On Appeal from the 4th District Court
Rusk County, Texas
Trial Court Nos. 2013-390, 2013-391 & 2013-392
Before Morriss, C.J., Moseley and Carter*, JJ.
_____________________________________
*Jack Carter, Justice, Retired, Sitting by Assignment
ORDER
This Court has been notified that Luminant Mining Company, LLC, a party to this pending
appeal, filed a voluntary petition for bankruptcy April 29, 2014, in the United States Bankruptcy
Court for the District of Delaware under cause number 14-10979. Pursuant to the Bankruptcy
Code, further action in this appeal is automatically stayed, see 11 U.S.C.A. § 362 (West, Westlaw
current through May 26, 2015), and under Rule 8.2 of the Texas Rules of Appellate Procedure, the
appeal is suspended. See TEX. R. APP. P. 8.2.
Accordingly, this case is hereby abated and, for administrative purposes, will be treated as
closed. Any party may move to reinstate the appeal by promptly filing a motion to reinstate
including, as an attachment, either a certified copy of an order showing that the automatic
bankruptcy stay has been lifted or any other authenticated document demonstrating that
reinstatement is permitted by federal law and/or the relevant bankruptcy court. TEX. R. APP.
P. 8.3(a). Any party may also move to sever the appeal in accordance with the provisions of Rule
8.3(b) of the Texas Rules of Appellate Procedure. TEX. R. APP. P. 8.3(b).
In the event of reinstatement, any period that began to run but had not expired at the time
of suspension will begin anew when the appeal is reinstated. Any document filed while the
proceeding is suspended will be deemed filed on the same day, but after, the Court reinstates the
appeal. TEX. R. APP. 8.2, 8.3.
In accordance with Rule 8.2 of the Texas Rules of Appellate Procedure, we suspend this
appeal by abating it. See TEX. R. APP. P. 8.2.
2
IT IS SO ORDERED.
BY THE COURT
Date: May 28, 2015
3