In Re Philadelphia Indemnity Insurance Company v. the State of Texas ( 2023 )

IN THE
TENTH COURT OF APPEALS
No. 10-22-00263-CV
IN RE PHILADELPHIA INDEMNITY INSURANCE COMPANY
Original Proceeding
From the 272nd District Court
Brazos County, Texas
Trial Court No. 20-000962-CV-272
MEMORANDUM OPINION
A Petition for Writ of Mandamus and a corresponding Emergency Motion for
Temporary Relief were filed on August 12, 2022. Real Party in Interest, Sayers
Construction, LLC, filed a notice that it filed a voluntary petition under Chapter 7 of the
United States Bankruptcy Code on December 16, 2022. See TEX. R. APP. P. 8.1. Because
further action in this proceeding could be subject to an automatic stay, see 11 U.S.C. § 362,
we requested briefing from any party as to the impact, if any, of the bankruptcy filing on
this proceeding. No response was received.
In an order issued on January 27, 2023, we stayed the proceeding for six months,
and the parties were notified that unless reinstated on proper motion, this proceeding
would be administratively closed without further notice. Six months have passed and no
reinstatement on proper motion was requested.
Accordingly, for administrative purposes, this proceeding is suspended and will
be treated as closed unless reinstated on a proper motion. See TEX. R. APP. P. 8.2; 8.3.
The Clerk of this Court is directed to transmit a copy of this opinion to the
attorneys of record, the trial court judge, and the trial court clerk.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Petition suspended; administratively closed
Opinion delivered and filed August 9, 2023
[OT06]
In re Philadelphia Indem. Ins. Co. Page 2