in Re Sayers Construction, LLC ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00701-CV
In re Sayers Construction, LLC
ORIGINAL PROCEEDING FROM HAYS COUNTY
MEMORANDUM OPINION
PER CURIAM
Relator Sayers Construction, LLC, the defendant in the underlying trial-court
proceeding, notified this Court that it has filed for bankruptcy protection (United States Bankruptcy
Court, W.D. Texas, Case No. 22-10838-tmd). See Tex. R. App. P. 8.1. Accordingly, this
mandamus proceeding is stayed. See 11 U.S.C. § 362(a) (establishing that debtor’s filing of
bankruptcy petition imposes automatic stay of judicial proceedings that are “[a] continuation . . . of
a judicial . . . or other action or proceeding against the debtor”); cf. Tex. R. App. P. 8.2; see also
In re Hassell, No. 01-14-00996-CV, 2018 WL 1003802, at *1 (Tex. App.—Houston [1st Dist.]
Feb. 22, 2018, orig. proceeding) (reinstating mandamus proceeding upon relators’ petition). Any
party may file a motion to reinstate the proceeding if permitted by federal law or the bankruptcy
court. Tex. R. App. P. 8.3(a). It is the parties’ responsibility to notify the Court as soon as possible
if an event occurs that would allow reinstatement. Id.Before Chief Justice Byrne, Justice Triana, and Justice Smith
Filed: December 22, 2022