Compass Bank v. Marhaba Partners Limited Partnership

Motion Granted and Order filed November 3, 2011.

In The

Fourteenth Court of Appeals ____________

NO. 14-10-00052-CV ____________

COMPASS BANK, Appellant

V.

MARHABA PARTNERS LIMITED PARTNERSHIP, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas

Trial Court Cause No. 935955

ORDER

On February 9, 2010, this court was notified that appellee, Marhaba Partners Limited Partnership, had petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 10-30227. On February 18, 2010, this court ordered the cause abated and treated as a closed case because of the automatic bankruptcy stay. See Tex. R. App. P. 8.2.

On October 14, 2011, appellant filed a motion to reinstate the case. See Tex. R. App. P. 8.3. According appellant’s verified motion, the bankruptcy case has been dismissed. Appellant included with the motion a copy of the bankruptcy case dismissal notice. Appellee did not file a response in opposition to the motion. We GRANT the motion and order the appeal REINSTATED. Appellant’s brief had not been filed when the appeal was abated. Accordingly, we order appellant to file its brief on or before December 2, 2011.

PER CURIAM