TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-11-00420-CV
Richard Cheroske; David Penny; Blue Castle Property Management, LLC;
190 Orange Avenue; and Jean Stanzick, Appellants
v.
El Patio, LLC d/b/a El Patio Motel, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT
NO. B-09-0977-C, HONORABLE BEN WOODWARD, JUDGE PRESIDING
ORDER
PER CURIAM
This appeal was stayed for bankruptcy proceedings. Counsel for appellants has
notified this Court that the bankruptcy court granted David Penny’s motion to resume this appeal.
Penny filed an amended unopposed motion for reinstatement of this appeal and for partial voluntary
dismissal of the other appellants, Richard Cheroske; Blue Castle Property Management, LLC;
190 Orange Avenue; and Jean Stanzick, who for various reasons no longer wish to pursue
this appeal.1
We reinstate the appeal, grant the motion, and dismiss the appeal as to appellants
Richard Cheroske; Blue Castle Property Management, LLC; 190 Orange Avenue; and Jean Stanzick.
1
Although the remaining appellants did not join Penny’s motion, Penny’s counsel represents
all appellants in this case and filed their notice of appeal.
See Tex. R. App. P. 42.1(a). This appeal will continue under the same cause number and is restyled
as David Penny v. El Patio, LLC d/b/a El Patio Motel. Penny’s brief is due on July 25, 2014.
It is ordered on June 25, 2014.
Before Chief Justice Jones, Justices Pemberton and Rose
2