TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00121-CV

Evans P. Weaver, Appellant v. James Korenek and Kelli Korenek, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. D-1-GN-04-000697, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING

MEMORANDUM OPINION

On February 27, 2007, Evans P. Weaver filed a notice of appeal from a June 15, 2004 order granting final summary judgment for James and Kelli Korenek on their claims alleging breach of a settlement agreement by Weaver and Weaver Companies, L.L.C. As it appears to the Court that Weaver filed for bankruptcy during the pendency of the underlying proceedings, and they remain subject to the automatic stay, see 11 U.S.C.A. § 362(a) (2004), this appeal is abated until further order of the court. See Tex. R. App. P. 8.2, 8.3.

____________________________________ Bob Pemberton, Justice Before Justices Patterson, Pemberton and Waldrop Bankruptcy Filed: September 19, 2007