Sayers Construction, LLC v. Accordant Communications, LLC ( 2024 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00537-CV
Sayers Construction, LLC, Appellant
v.
Accordant Communications, LLC, Appellee
FROM THE 453RD DISTRICT COURT OF HAYS COUNTY,
NO. 22-1261, THE HONORABLE SHERRI TIBBE, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
After appellant Sayers Construction, LLC, notified this Court that it had filed for
bankruptcy protection (United States Bankruptcy Court, W.D. Texas, Case No. 22-10838-tmd),
see Tex. R. App. P. 8.1, we stayed the appeal on December 22, 2022. See 11 U.S.C. § 362;
Tex. R. App. P. 8.2. On November 6, 2024, the Court notified the parties that it has been
informed that the bankruptcy case has been closed and requested that the parties submit a report
informing it of any reason why the appeal should not be dismissed. Appellant’s counsel
informed the Court that appellant’s bankruptcy counsel informed him that “although the
proceedings in the bankruptcy court are nearing a conclusion, the bankruptcy case has not been
closed, and the bankruptcy stay remains in place.” However, because the bankruptcy court’s
records reflect the bankruptcy case’s status as “Closed,” the Court has reinstated the case. We
abate the case for thirty days to allow counsel time to provide the Court with proof that the
bankruptcy case has not been closed and the bankruptcy stay should remain in place. We order
counsel to provide the Court with proof that the case has not been closed or any other reason why
this proceeding should not be dismissed on or before December 23, 2024.
It is so ordered on November 22, 2024.
Before Chief Justice Byrne, Justices Triana and Kelly
Filed: November 22, 2024