Billy and Candace Schoppe v. Deutsche Bank National Trust Company ( 2015 )

Order entered July 8, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00595-CV
BILLY SCHOPPE AND CANDACE SCHOPPE, Appellants
V.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN
STANLEY LOAN TRUST 2005-7 AND WELLS FARGO BANK, N.A., Appellees
On Appeal from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-09-10731
ORDER
Before the Court is appellants Billy Schoppe and Candace Schoppe’s July 6, 2015 post
bankruptcy motion for reinstatement of their appeal, advising the Court that their bankruptcy
case was dismissed and attaching a copy of the bankruptcy court’s May 18, 2015 order
dismissing the case. This Court heard oral argument of this appeal on October 8, 2013. During
rebuttal at the oral argument, counsel for the Schoppes represented to and advised this Court, for
the first time, that Billy Schoppe had filed for Chapter 13 bankruptcy after the final judgment in
this case was signed. On November 5, 2013, this Court removed this case from submission and
abated the cause. On January 28, 2014, this Court denied the Schoppes’ November 21, 2013
motion for reinstatement and December 19, 2013 supplement to their motion for reinstatement.
The Court REINSTATES this appeal.
The oral argument and submission of this appeal, which occurred during the automatic
stay, are void. See York v. State, 373 S.W.3d 32 (Tex. 2012). This case will be reset for
submission in due course.
/s/ DOUGLAS S. LANG
JUSTICE