Martin E. McGonagle, M.D. v. Texas Medical Board And Scott Freshour, in His Official Capacity as the Interim Executive Director of the Texas Medical Board

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-18-00034-CV
MARTIN E. MCGONAGLE, M.D., Appellant
V.
TEXAS MEDICAL BOARD; AND SCOTT FRESHOUR, IN HIS OFFICIAL CAPACITY AS
THE INTERIM EXECUTIVE DIRECTOR OF THE TEXAS MEDICAL BOARD, Appellees
On Appeal from the 250th District Court
Travis County, Texas
Trial Court No. D-1-GN-16-004188
Before Morriss, C.J., Moseley and Burgess, JJ.
ORDER
This Court has been notified that Martin E. McGonagle, M.D., the appellant in this matter,
filed a voluntary petition for bankruptcy on or about October 12, 2018, in the United States
Bankruptcy Court for the Northern District of Texas, Fort Worth Division, under cause number
4:2018bk44051. Pursuant to the Bankruptcy Code, further action in this appeal is automatically
stayed, see 11 U.S.C.A. § 362 (West, Westlaw current through P.L. 115-223), and under Rule 8.2
of the Texas Rules of Appellate Procedure, the appeal is suspended, see TEX. R. APP. P. 8.2.
Accordingly, this appeal is hereby abated and, for administrative purposes, will be treated
as closed. Any party may reinstate the appeal by promptly filing a motion to reinstate including,
as an attachment, either a certified copy of an order showing that the automatic bankruptcy stay
has been lifted or any other authenticated document demonstrating that reinstatement is permitted
by federal law and/or the United States Bankruptcy Court for the Northern District of Texas. See
TEX. R. APP. P. 8.3(a). Any party may also move to sever the appeal in accord with the provisions
of Rule 8.3(b) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 8.3(b).
In the event of reinstatement, any period that began to run but had not expired at the time
of suspension will begin anew when the appeal is reinstated. Any document filed while the
proceeding is suspended will be deemed filed on the same day, but after, the Court reinstates the
appeal. TEX. R. APP. P. 8.2, 8.3.
In accord with Rule 8.2 of the Texas Rules of Appellate Procedure, we suspend this appeal
by abating it. See TEX. R. APP. P. 8.2.
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IT IS SO ORDERED.
BY THE COURT
Date: October 17, 2018
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