John Matt Rembert v. Alnoor Malick and Shelina Malick ( 2015 )

Opinion issued May 7, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-01086-CV
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DJ STEPHANCO AUTO SERVICES, LLC, DAVID J. STEPHAN, JOHN
MATT REMBERT, AND FOUNDATION BUILDERS, LLC, Appellants
V.
ALNOOR MALICK AND SHELINA MALICK, Appellees
and
ALNOOR MALICK AND SHELINA MALICK, Appellants
V.
FOUNDATION BUILDERS, LLC, Appellee
On Appeal from the 189th District Court
Harris County, Texas
Trial Court Case No. 2009-03407
MEMORANDUM ORDER
DJ Stephanco Auto Services, LLC and David Stephan, filed a notice of
appeal of the trial court’s final judgment signed on September 10, 2012.
Thereafter, John Matt Rembert and Foundation Builders, LLC, filed their notices
of appeal of the September 10, 2012 judgment, and Alnoor and Shelina Malick
filed a notice of appeal of the judgment as it related to Foundation Builders, LLC.
On May 29, 2013, DJ Stephanco Auto Services filed in this Court a suggestion of
bankruptcy, staying proceedings in this Court. See TEX. R. APP. P. 8.2; see also 11
U.S.C. § 362(a).
DJ Stephanco Auto Services and Stephan have filed an unopposed motion to
dismiss, with prejudice, their appeal. They represent that Stephan, the Malicks, and
others, who are not parties to this appeal, have entered into a global settlement of
the litigation pending between them; the bankruptcy court has approved the
settlement; and, as consideration for the settlement, Stephan has agreed to
withdraw this appeal, individually and on behalf of DJ Stephanco Auto Services.
The Malicks and Foundation Builders, representing that they have resolved the
disputes between them, also have filed a motion to dismiss, with prejudice, their
appeals.
Accordingly, we reinstate the appeal. We grant DJ Stephanco Auto Services
and Stephan’s and the Malicks and Foundation Builders’ motions to dismiss their
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appeals, and dismiss the appeals of DJ Stephanco Auto Services, LLC, David J.
Stephan, Foundation Builders, LLC, and Alnoor and Shelina Malick. Finally, we
dismiss as moot DJ Stephanco Auto Services and Stephan’s motion to dismiss,
filed on August 26, 2014; their motion to withdraw that motion to dismiss, filed on
September 10, 2014; and any other pending motions. John Matt Rembert’s appeal
remains pending.1 This interlocutory order will become final when a judgment is
issued in this cause number.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Brown and Lloyd.
1
The September 10, 2012 judgment awards the Malicks damages against Rembert,
Stephan, and DJ Stephanco Auto Services, jointly and severally; and attorney’s
fees against Rembert. In their motion to dismiss, the Malicks and Foundation
Builders state that the granting of the motions to dismiss “would resolve all
matters in the above-styled and number[ed] case.” However, the motions do not
reflect that matters underlying Rembert’s appeal have been resolved.
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