in Re: Irving Long Term Care, LLC D/B/A Las Brisas Rehabilitation & Wellness Suites and Thi of Texas, LLC
in Re: Irving Long Term Care, LLC D/B/A Las Brisas Rehabilitation & Wellness Suites and Thi of Texas, LLC
Opinion
Order entered April 22, 2021
In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00141-CV IN RE IRVING LONG TERM CARE, LLC D/B/A LAS BRISAS REHABILITATION & WELLNESS SUITES AND THI OF TEXAS, LLC, Relators Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-12843-K ORDER Justices Molberg, Partida-Kipness, and Reichek It has come to our attention that two of the defendants have removed the underlying suit to the United States District Court for the Northern District of Texas through the filing of a March 17, 2021 notice of removal in the trial court.
Pursuant to 28 U.S.C. §1446(d), once removal is effected, “the State court shall proceed no further unless and until the case is remanded.” 28 U.S.C. §1446(d); see Meyerland Co. v. Fed. Deposit Ins. Co, 848 S.W.2d 82, 83 (Tex. 1993).
Accordingly, for administrative purposes, this original proceeding is ABATED. It may be reinstated on prompt motion by any party showing that the case has been remanded and specifying what further action, if any, is required from this Court.
/s/ KEN MOLBERG JUSTICE
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