Dale Sue Jones and Stanley Ray Jones v. Ted Scott, M.D. ( 2005 )

NO. 07-04-0077-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JANUARY 27, 2005

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DALE SUE JONES AND STANLEY RAY JONES, APPELLANTS

V.

TED SCOTT, M.D., ET AL., APPELLEES



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FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2001-513,918; HONORABLE J. BLAIR CHERRY, JR., JUDGE

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Before QUINN and REAVIS and CAMPBELL, JJ.

ORDER REINSTATING APPEAL

Appellants Dale Sue Jones and Stanley Ray Jones perfected this appeal to challenge the trial court's judgment dismissing their health care liability claim against appellees Ted Scott, et al. By order dated December 3, 2004, this appeal was abated pursuant to a notice of bankruptcy by the Joneses. Pending before this Court is Dr. Scott's motion to reinstate the appeal. Attached to the motion is a certified copy of an order of dismissal with prejudice from the United States Bankruptcy Court for the Western District of Oklahoma. Pursuant to Rule 8.3(a) of the Texas Rules of Appellate Procedure, we grant the motion and reinstate the appeal.

The clerk's record and reporter's record have both been filed. Following notice of bankruptcy and our order of abatement, all appellate timetables were suspended. Tex. R. App. P. 8.2. Per the briefing schedule provided in Rule 38.6, the Joneses' brief is due to be filed on or before February 28, 2005. Doctor Scott's brief will be due thirty days after the Joneses' brief is filed.

It is so ordered.

Per Curiam