Builders Transport, Inc. v. Grice-Smith , 2001 Tex. App. LEXIS 7978 ( 2001 )

TOM GRAY, Justice,

dissenting to Order.

The majority’s order staying the appeal and setting forth a briefing schedule is void. I know this because the majority’s order says so. Order at page 3 (“Any actions taken while the stay is in effect are void.”). We have no jurisdiction to act on Builders Transport, Inc.’s motion to stay the appeal. At most, we should merely acknowledge the “automatic” stay of the Texas Insurance Code as follows:

NOTICE

We have received notice that Builders Transport, Inc.’s insurer was designated impaired by the Texas Commissioner of Insurance on October 5, 2001. Accordingly, this appeal is stayed pursuant to the Texas Insurance Code 21.28C § 17. Because the majority does not, I respectfully note my dissent.