David B. Cantu v. Enrique M. Carrizales and Wilibardo Garcia

IN THE
TENTH COURT OF APPEALS
No. 10-13-00053-CV
DAVID B. CANTU,
Appellant
v.
ENRIQUE M. CARRIZALES
AND WILIBARDO GARCIA,
Appellees
From the 414th District Court
McLennan County, Texas
Trial Court No. 2010-4404-5
ORDER
Appellee Wilibardo Garcia has filed a “Notice of Automatic Stay.” The Notice
states that Garcia’s insurer, Santa Fe Auto Insurance Company, has been placed into
receivership by the State of Texas and that the receivership proceeding operates as a
stay of this appeal. See TEX. INS. CODE ANN. § 443.008(d) (West Supp. 2012).
Attached to the Notice is an “Order Appointing Rehabilitator and Permanent
Injunction,” entered on March 8, 2013 in Cause No. D-1-GV-13-00020 in the 419th
District Court of Travis County, styled The State of Texas v. Santa Fe Auto Insurance
Company. Paragraph 5.2 of the Order states:
An automatic stay is in effect with respect to actions against any insured
of Defendant for which Defendant is liable under a policy of insurance, or
is obligated to defend such insured, pursuant to TEX. INS. CODE ANN. §
443.008(d). Such stay shall continue for 90 days after the date of this
Order, or such further time as ordered by this Court.
Therefore, and as a result of this stay, this appeal and all appellate deadlines are
suspended for 90 days after March 8, 2013, or such further time as ordered by the 419th
District Court. A period that began to run and had not expired at the time this appeal
was suspended begins anew when this appeal is reinstated. A document filed by a
party while this appeal is suspended will be deemed filed on the same day, but after,
the Court reinstates this appeal and will not be considered ineffective because it was
filed while this appeal was suspended.
It is the parties’ responsibility to notify this Court if the automatic stay is lifted or
modified in a manner that will allow this appeal to proceed. This appeal will be
reinstated upon proper motion showing that the stay has been lifted or modified.
No later than 14 days after the expiration of the 90-day stay, Appellant is
directed to file a status report on the automatic stay in the receivership proceeding. The
status report, which may be in letter format, should include information pertaining to
whether the automatic stay has been extended by further order of the 419th District
Court in the receivership proceeding.
PER CURIAM
Cantu v. Carrizales Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed April 11, 2013
Do not publish
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