TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00427-CV

Larry Robert Wiley, Appellant

v.

Pope Materials, Inc., Appellee

FROM COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY

NO. 09-0935-CC4, HONORABLE JOHN MCMASTER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellee Pope Materials, Inc. has filed a notice with this Court that appellant Larry Robert Wiley has filed a petition for chapter 13 bankruptcy (United States Bankruptcy Court, W.D. Tex., Austin Division, Case Number 10-12324-cag). Accordingly, this appeal is automatically stayed. See 11 U.S.C.A. § 362(a) (West 2004 & Supp. 2010). Any party may file a motion to reinstate upon the occurrence of an event that allows the case to proceed or if any party believes the automatic stay does not apply to this appeal. See Tex. R. App. P. 8.3(a). Failure to notify this Court of a lift in the automatic stay or termination of the bankruptcy case may result in the dismissal of the cause for want of prosecution. See Tex. R. App. P. 42.3(b).

__________________________________________

Bob Pemberton, Justice

Before Chief Justice Jones, Justices Puryear and Pemberton

Bankruptcy

Filed: August 31, 2010