IN THE
TENTH COURT OF APPEALS
No. 10-05-00138-CV
No. 10-05-00231-CV
Teague Nursing Home, et al.,
Appellants
v.
MAUDIE WILSON, INDIVIDUALLY AND
BY AND THROUGH HER NEXT FRIEND,
mINNIE cARSON,
Appellee
From the 220th District Court
Bosque County, Texas
Trial Court No. 03-08-23403-BCCV
SEVERANCE AND REINSTATEMENT ORDER
Appellants[1] have filed a Notice of Bankruptcy Stay advising this Court that Appellant Vernell Lee filed a voluntary bankruptcy petition on April 15, 2005. Accordingly, this appeal has been suspended because of the automatic bankruptcy stay. See Tex. R. App. P. 8.2; 11 U.S.C.A. § 362(a) (West 2004). However, the stay is effective only as to Vernell Lee, and the remaining appellants cannot benefit from the stay. See In re Sw. Bell Tel. Co., 35 S.W.3d 602, 604 (Tex. 2000); Ma-Stell, Inc. v. Anadarko E & P Co., No. 10-03-358-CV, 2005 Tex. App. LEXIS 3193, at *2 (Tex. App.—Waco Apr. 27, 2005, order); Lisanti v. Dixon, 147 S.W.3d 638, 641-42 (Tex. App.—Dallas 2004, pet. filed).
Accordingly, we sever Vernell Lee’s appeal from the remainder of the appeal. See Tex. R. App. P. 8.3(b); Ma-Stell, 2005 Tex. App. LEXIS 3193, at *2. The Clerk of this Court shall docket Lee’s appeal under cause number 10-05-00231-CV, styled Vernell Lee v. Maudie Wilson, individually and by and through her next friend, Minnie Carson. The Clerk shall note in the severed cause that the Clerk’s and Reporter’s Records in this cause shall serve as the Clerk’s and Reporter’s Records in the severed cause. See Ma-Stell, 2005 Tex. App. LEXIS 3193, at *2-3.
This appeal is reinstated, and the Clerk of this Court shall re-style this appeal as Teague Nursing Home; Teague Management Co. dba Teague Nursing Home; Chelsia Taylor, individually and dba Teague Nursing Home; Hollis McGee, and Rita McAlpine v. Maudie Wilson, individually and by and through her next friend, Minnie Carson. See Ma-Stell, 2005 Tex. App. LEXIS 3193, at *3.
Any time period allowed for action under the appellate rules that had begun to run and had not expired when this proceeding was suspended begins anew on the date of this order. See Tex. R. App. P. 8.2; Ma-Stell, 2005 Tex. App. LEXIS 3193, at *3.
By letter dated April 8, 2005, the Clerk of this Court notified Appellants that the order being appealed does not appear to be an appealable interlocutory order under section 15.003 of the Civil Practice and Remedies Code. Appellants were advised that they had twenty-one days to file a response showing grounds for continuing the appeal. Seven of those twenty-one days had elapsed when Lee filed her bankruptcy petition. Accordingly, Appellants’ response to this notice will be due fourteen days after the date of this order.
This Court purported to grant Appellants’ motion for an extension of time to file the appellants’ brief on April 19. However, the appeal was suspended at that time. Accordingly, the motion is granted and Appellants’ brief is due within 30 days after the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
(Chief Justice Gray dissenting)
Order issued and filed May 25, 2005
[CV06]
[1] The appellants in this cause are Teague Nursing Home; Teague Management Co. dba Teague Nursing Home; Chelsia Taylor, individually and dba Teague Nursing Home; Hollis McGee, Rita McAlpine, and Vernell Lee.
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