Citibank South Dakota, N.A. v. Michael R. Downing ( 2004 )

Dismissed and Memorandum Opinion filed November 24, 2004

Dismissed and Memorandum Opinion filed November 24, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-00-01039-CV

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CITIBANK SOUTH DAKOTA, N.A., Appellant

V.

MICHAEL R. DOWNING, Appellee

On Appeal from the County Court at Law No. 2

Fort Bend County, Texas

Trial Court Cause No. 17825

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed June 5, 2000.  Appellee, Michael R. Downing, had petitioned for voluntary bankruptcy in the United States Bankruptcy Court, Southern District of Texas, Houston Division, under Cause No. 00-41923-H2-7.  Because a stay is automatically effected by Section 362(a) of the Bankruptcy Code, we stayed all proceedings in the appeal.  See Tex. R. App. P. 8.2. 

On February 1, 2001, this Court ordered the cause abated and treated as a closed case.  In response to status orders issued by this court on August 12, 2004 and September 30, 2004, appellee notified this court that the bankruptcy court entered an Order of Discharge on April 24, 2001. Accordingly, the appellate case was ordered reinstated and placed on the court=s active docket. 

On November 15, 2004, appellant filed a motion to dismiss the appeal because the underlying debt was discharged in appellee=s bankruptcy proceeding..  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 24, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.