Meza Sierra Enterprises, Inc. and Valdemar Meza v. Kingdom Fresh Produce, Inc. ( 2015 )

NUMBER 13-13-00119-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
MEZA SIERRA ENTERPRISES, INC.
AND VALDEMAR MEZA, Appellants,
v.
KINGDOM FRESH PRODUCE, INC., Appellee.
____________________________________________________________
On appeal from the 92nd District Court
of Hidalgo County, Texas.
____________________________________________________________
ORDER
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
This appeal was abated by this Court on August 8, 2013, due to the bankruptcy of
one of the parties to this appeal. See 11 U.S.C. § 362; see generally TEX. R. APP. P. 8.
On March 6, 2015, Meza Sierra Enterprises, Inc. (“Meza Sierra”) filed a motion to reinstate
this appeal on grounds that the Valdemar Meza’s bankruptcy had concluded. Meza
Sierra attached a copy of the bankruptcy court’s order showing that Valdemar Meza’s
bankruptcy had been discharged.
Appellee, Kingdom Fresh Produce, Inc. (“Kingdom Fresh”), filed a response in
opposition to the motion to reinstate. Kingdom Fresh asserts that Meza Sierra is not
currently operating, will not resume operating, and its right to conduct business in Texas
has been terminated for failure to pay franchise taxes. Kingdom Fresh further asserts
that because Meza Sierra’s corporate privileges have been terminated, only its principal,
Valdemar Meza, could be liable for the underlying judgment because Meza Sierra no
longer exists. Kingdom Fresh argues that Valdemar Meza’s bankruptcy indicates that
the judgment “has been discharged and is not enforceable against him.” “As a result,
the resolution of the appeal does not possess any practical effect on the conflict between
the parties” and the appeal “should not be used as a vehicle to vindicate Appellant’s view
of the controversy or the applicable. Law.” Kingdom Fresh thus requests that the appeal
be dismissed, or alternatively, that it not be reinstated until Meza Sierra is an “ongoing
concern, authorized to do business in Texas.”
Kingdom Fresh’s arguments do not pertain to Valdemar Meza’s bankruptcy itself.
Accordingly, we GRANT Meza Sierra’s motion to reinstate and we REINSTATE this
appeal. See id. Our ruling is without prejudice to the arguments made by Kingdom
Fresh, and Kingdom Fresh may, if desired, raise those issues pertaining to standing and
jurisdiction, by separate motion supported by appropriate argument and authority.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
14th day of April, 2015.
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