Cotter & Sons, Inc. James F. Cotter Alamo Towers-Cotter, LLC Cotter 11211 Katy Freeway Building, LP Cotter 7447 Harwin Building, LP Cotter Equities LLC Cotter Harwin Equities LLC Cotter Katy Equities LLC Cotter Katy Freeway Building, LP v. BJ Corporation D/B/A National Building Service ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
April 5, 2018
No. 04-16-00186-CV
COTTER & SONS, INC.; James F. Cotter; Alamo Towers-Cotter, LLC; Cotter 11211 Katy
Freeway Building, LP; Cotter 7447 Harwin Building, LP; Cotter Equities LLC; Cotter Harwin
Equities LLC; Cotter Katy Equities LLC; Cotter Katy Freeway Building, LP; Et Al.,
Appellants
v.
BJ CORPORATION D/B/A NATIONAL BUILDING SERVICE,
Appellees
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-09427
Honorable Gloria Saldana, Judge Presiding
ORDER
On November 15, 2017, we abated this appeal based on Appellant Alamo Towers—
Cotter, LLC’s voluntary petition for bankruptcy filed in the United States Bankruptcy Court for
the Western District of Texas under Case No. 17-52599-cag on November 6, 2017. See 11
U.S.C. § 362 (2012); TEX. R. APP. P. 8.1.
We suspended all appellate deadlines under the Texas Rules of Appellate Procedure from
the date the bankruptcy petition was filed in the bankruptcy court. See TEX. R. APP. P. 8.2. For
administrative purposes, we closed the case pending a motion to reinstate the appeal. See id. R.
8.3(a).
On March 12, 2018, Appellee BJ Corporation d/b/a National Building Service filed an
“Advisory to the Court” which we construe as a motion to reinstate the appeal. See id. Appellee
attached a copy of an order dated January 29, 2018, from the United States Bankruptcy Court for
the Western District of Texas, San Antonio Division. See id. R. 8.3(a). The agreed order states
in part as follows:
[T]he automatic stay set forth in 11 U.S.C. §362(a) is hereby modified in this case
to permit the Debtor and NBS to pursue and defend the appeal presently pending
in the Fourth Court of Appeals under Case No. 04-16-00186-CV, styled Cotter &
Sons, Inc.; James F. Cotter; Alamo Towers-Cotter, LLC; Cotter 11211 Katy
Freeway Building, LP; Cotter 7447 Harwin Building, LP; Cotter Equities LLC;
Cotter Harwin Equities LLC; Cotter Katy Equities LLC; Cotter Katy Freeway
Building, LP; et al., Appellants v. BJ Corporation d/b/a National Building
Service, Appellee.
We REINSTATE this appeal on this court’s docket. Appellee’s November 9, 2017
motion for en banc reconsideration is deemed timely filed. See id. R. 8.2.
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 5th day of April, 2018.
___________________________________
KEITH E. HOTTLE,
Clerk of Court