Tri-Union Development Corporation v. Odom, Henry K., Jr. and Wife, Linda Odom ( 2003 )

Dismissed and Memorandum Opinion filed November 13, 2003

Dismissed and Memorandum Opinion filed November 13, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-00-00053-CV

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TRI-UNION DEVELOPMENT CORPORATION, Appellant

V.

HENRY K. ODOM, and WIFE, LINDA ODOM, Appellees

On Appeal from the 361st District Court

Brazos County, Texas

Trial Court Cause No. 48,994-361

M E M O R A N D U M O P I N I O N

This is an accelerated appeal from an order denying appellant, Tri-Union Development Corporation=s (ATri-Union@) request for a temporary injunction, signed December 3, 1999.  On December 8, 2000, this Court was notified that Tri-Union petitioned for voluntary bankruptcy in the United States District Court, Southern District of Texas, Houston Division. Because a stay is automatically effected by Section 362(a) of the Bankruptcy Code, we stayed all proceedings in the appeal by order dated December 21, 2000.  See Tex. R. App. P. 8.2.  On May 1, 2003, we issued an order requesting information regarding the status of the bankruptcy proceeding.  Having received no response, we contacted the United States Bankruptcy Court of the Southern District of Texas and we were advised that bankruptcy case no. 003529 was closed on October 4, 2001.  Accordingly, on August 7, 2003, we issued an order stating that, unless the parties responded within 15 days of the date of the order requesting other action, this court would lift the abatement and reinstate the appeal.  No response was received and we lifted the abatement and reinstated the appeal.  On September 25, 2003, we advised the parties that the appeal would be submitted on November 5, 2003.

On October 30, 2003, this court was advised by letter that the appeal is moot.  Attached to the letter is a copy of a judgment, signed on October 1, 2001, by the United States Bankruptcy Court for the Southern District of Texas, Houston Division.  Upon review of this judgment, we agree that the appeal is moot.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 13, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.