MCI Sales and Service, Inc. v. James Hinton, Individually and as Representative of the Estate of Dolores Hinton ( 2008 )


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  •                                   IN THE
    TENTH COURT OF APPEALS
    No. 10-08-00353-CV
    MCI SALES AND SERVICE, INC.,
    Appellant
    v.
    JAMES HINTON, INDIVIDUALLY AND AS
    REPRESENTATIVE OF THE ESTATE
    OF DOLORES HINTON, DECEASED, ET AL.,
    Appellees
    From the 170th District Court
    McLennan County, Texas
    Trial Court No. 2003-2308-4
    MEMORANDUM OPINION
    Appellant MCI Sales and Service, Inc. has filed a bankruptcy proceeding. TEX. R.
    APP. P. 8.1. Further action in this appeal is automatically stayed. See 11 U.S.C. § 362.
    For administrative purposes, this appeal is suspended and will be treated as
    closed unless reinstated on a proper motion. TEX. R. APP. P. 8.2. It may be reinstated on
    motion of any party showing that the stay has been lifted or modified and specifying
    what action, if any, is required from this Court upon reinstatement of the appeal. TEX.
    R. APP. P. 8.3.
    The reporting requirement of Local Rule 17 is suspended. 10TH TEX. APP. (WACO)
    LOC. R. 17.
    The Clerk of this Court is directed to transmit a copy of this opinion to the
    attorneys of record, the trial court judge, and the trial court clerk.
    PER CURIAM
    Before Chief Justice Gray,
    Justice Vance, and
    Justice Reyna
    (Chief Justice Gray dissents with a note)*
    Appeal suspended; appeal administratively closed
    Opinion delivered and filed October 29, 2008
    [CVPM]
    *(In the past we have given the parties some substantial amount of time before we act
    on our own to administratively close or suspend a proceeding due to bankruptcy. For
    consistency, and the practical aspect of giving the parties time to evaluate what to do in
    response to the bankruptcy, I would adhere to our former procedure. Thus I do not join
    this opinion at this time.)
    MCI v. Hinton                                                                       Page 2
    

Document Info

Docket Number: 10-08-00353-CV

Filed Date: 10/29/2008

Precedential Status: Precedential

Modified Date: 9/10/2015