Albert Morris and Tilda Morris v. American Home Mortgage Servicing and Wells Fargo Trustee ( 2014 )


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  • Abatement Order filed August 21, 2014
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-13-00931-CV
    ____________
    ALBERT MORRIS AND TILDA MORRIS, Appellants
    V.
    AMERICAN HOME MORTGAGE SERVICING AND WELLS FARGO
    TRUSTEE, Appellees
    On Appeal from the 400th District Court
    Fort Bend County, Texas
    Trial Court Cause No. 12-DCV-197669
    ABATEMENT ORDER
    Notice was filed on August 18, 2014 that appellant Albert Morris is in
    bankruptcy. Tex. R. App. P. 8.1. According to court records, on July 9, 2012,
    Albert Morris, petitioned for voluntary bankruptcy protection in the United States
    Bankruptcy Court for the Southern District of Texas under case number 12-35217.
    A bankruptcy suspends the appeal from the date when the bankruptcy petition is
    filed until the appellate court reinstates the appeal in accordance with federal law.
    Tex. R. App. P. 8.2. Accordingly, we ORDER the appeal abated.
    When a case has been suspended by a bankruptcy filing, a party may move
    the appellate court to reinstate the appeal if permitted by federal law or the
    bankruptcy court. Tex. R. App. P. 8.3. If the bankruptcy court has lifted or
    terminated the stay, a certified copy of the order must be attached to the motion. Id.
    A party filing a motion to reinstate shall specify what further action, if any, is
    required from this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a).
    For administrative purposes only, and without surrendering jurisdiction, the
    appeal is abated and treated as a closed case until further order of this court.
    PER CURIAM
    

Document Info

Docket Number: 14-13-00931-CV

Filed Date: 8/21/2014

Precedential Status: Precedential

Modified Date: 10/30/2014