Donald Grether, Paul A. Heinig, Rebecca Ann, Inc. and Plantation Health Care, Inc. v. Sunset Nursing Home, Inc. ( 2016 )


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  • Abatement Order filed November 29, 2016
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-16-00810-CV
    ____________
    DONALD GRETHER, PAUL A. HEINIG, REBECCA ANN, INC. AND
    PLANTATION HEALTH CARE, INC., Appellants
    V.
    SUNSET NURSING HOME, INC., Appellee
    On Appeal from the 239th District Court
    Brazoria County, Texas
    Trial Court Cause No. 72817
    ABATEMENT ORDER
    Notice was filed on November 23, 2016, that appellant Paul A. Heinig is in
    bankruptcy. Tex. R. App. P. 8.1. According to the notice, on November 23, 2016,
    appellant Heinig petitioned for voluntary bankruptcy protection in the United States
    Bankruptcy Court for the Southern District of Texas under case number 16-80379.
    A bankruptcy suspends the appeal from the date when the bankruptcy petition is
    filed until the appellate court reinstates the appeal in accordance with federal law.
    Tex. R. App. P. 8.2. Accordingly, we ORDER the appeal abated.
    When a case has been suspended by a bankruptcy filing, a party may move
    the appellate court to reinstate the appeal if permitted by federal law or the
    bankruptcy court. Tex. R. App. P. 8.3. If the bankruptcy court has lifted or terminated
    the stay, a certified copy of the order must be attached to the motion. 
    Id. A party
    filing a motion to reinstate shall specify what further action, if any, is required from
    this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a).
    For administrative purposes only, and without surrendering jurisdiction, the
    appeal is abated and treated as a closed case until further order of this court.
    PER CURIAM
    2
    

Document Info

Docket Number: 14-16-00810-CV

Filed Date: 11/29/2016

Precedential Status: Precedential

Modified Date: 11/29/2016