Timothy Jones and Velma Jones v. Frost Bank ( 2015 )


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  • Abatement Order filed May 5, 2015
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-15-00063-CV
    ____________
    TIMOTHY JONES AND VELMA JONES, Appellant
    V.
    FROST BANK, Appellee
    On Appeal from the 113th District Court
    Harris County, Texas
    Trial Court Cause No. 2014-48702
    ABATEMENT ORDER
    Notice was filed on May 1, 2015, that appellants are in bankruptcy. Tex. R.
    App. P. 8.1. According to the notice, on April 27, 2015, Timothy Jones and Velma
    Jones petitioned for voluntary bankruptcy protection in the United States
    Bankruptcy Court for the Southern District of Texas under case numbers 15-32245
    and 15-32106-H5-13, respectively. 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
    

Document Info

Docket Number: 14-15-00063-CV

Filed Date: 5/5/2015

Precedential Status: Precedential

Modified Date: 9/22/2015