Dale Sue Jones and Stanley Ray Jones v. Ted Scott, M.D. ( 2004 )

NO. 07-04-0077-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
DECEMBER 3, 2004
______________________________
DALE SUE JONES AND STANLEY RAY JONES, APPELLANTS
V.
TED SCOTT, M.D., ET AL., APPELLEES
_________________________________
FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2001-513,918; HONORABLE J. BLAIR CHERRY, JR., JUDGE1
_______________________________
Before QUINN and REAVIS and CAMPBELL, JJ.
NOTICE OF BANKRUPTCY
Appellants Dale Sue Jones and Stanley Ray Jones perfected this appeal to
challenge the trial court’s order dismissing their health care liability claim against appellees.
1
The district clerk’s certificate reflects that the Honorable Richard Dambold, sitting
by assignment, presided at trial.
Both the clerk’s record and reporter’s record have been filed. On November 19, 2004, the
Joneses filed a notice of bankruptcy. Attached to the notice is a “Chapter 13 Plan” from the
United States Bankruptcy Court for the Western District of Oklahoma bearing a file stamp
of August 12, 2004. Pursuant to 11 U.S.C. § 362, an automatic stay is imposed prohibiting
the commencement or continuation of any judicial actions or proceedings against a debtor.
Pursuant to Rule 8.2 of the Texas Rules of Appellate Procedure, the appeal is
suspended.2 For administrative purposes, the appeal is removed from the docket and
abated. Any documents filed subsequent to the bankruptcy petition will remain pending
until the appeal is reinstated. The appeal will be reinstated upon proper showing from the
United States Bankruptcy Court for the Western District of Oklahoma that the stay has
been lifted and a request for specific action by this Court. Tex. R. App. P. 8.3(a).
Accordingly, the appeal is abated.
Per Curiam
2
Although the notice of bankruptcy does not include an authenticated copy of the
page reflecting the date the petition was filed as required by Rule 8.1(e), pursuant to Rule
2, we suspend the operation of subsection (3) and abate this appeal.
2