TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00009-CV

Antonio Labrado, Jr. d/b/a Sunset Enterprises, Appellant

v.

The University of Texas at El Paso, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 419TH JUDICIAL DISTRICT

NO. D-1-GN-09-001296, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING

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

                        This Court received notice that appellant Antonio Labrado, Jr. d/b/a Sunset Enterprises has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Tex., El Paso Division, Cause No. 11-30117). Thus, his appeal is suspended pursuant to the statutory automatic stay. See 11 U.S.C. § 362(a) (West 2004 & Supp. 2010); Tex. R. App. P. 8.

                        The parties are instructed to file a report sixty days from the date of this order informing this Court about the status of the bankruptcy proceedings. Any party may file a motion to reinstate upon the occurrence of an event that would allow the appeal to proceed. See Tex. R. App. P. 8.3(a). Failure to notify this Court of a lift of the automatic stay or termination of the bankruptcy case may result in dismissal of this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

__________________________________________

                                                                        Jeff Rose, Justice

Before Justices Puryear, Pemberton and Rose

Bankruptcy

Filed: January 27, 2011