in Re Jim Weynand

COURT OF APPEALS SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT KAREN ANGELINI 300 DOLOROSA, SUITE 3200 MARIALYN BARNARD SAN ANTONIO, TEXAS 78205-3037 REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE PATRICIA O. ALVAREZ (210) 335-2635 LUZ ELENA D. CHAPA JASON PULLIAM FACSIMILE NO. JUSTICES (210) 335-2762 August 15, 2016 Nissa M. Dunn Ricardo G. Cedillo Houston Dunn, PLLC 755 E. Mulberry Ave., Ste. 500 4040 Broadway Street, Suite 440 San Antonio, TX 78212-3135 San Antonio, TX 78209 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * Randall A. Pulman 2161 N.W. Military Highway, Suite 400 San Antonio, TX 78213 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-16-00470-CV Trial Court Case Number: 2016CI11958 Style: In re Jim Weynand Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause. If you should have any questions, please do not hesitate to contact me. Very truly yours, KEITH E. HOTTLE, CLERK _____________________________ Rosa Gonzalez Deputy Clerk, Ext. 53855 cc: Mark Wade Kiehne (DELIVERED VIA E-MAIL) Les J. Strieber, III (DELIVERED VIA E-MAIL) Ryan Christopher Reed (DELIVERED VIA E-MAIL) Leslie Sara Hyman (DELIVERED VIA E-MAIL) Dinah L. Gaines (DELIVERED VIA E-MAIL) Richard Price Donna Kay McKinney (DELIVERED VIA E-MAIL) Fourth Court of Appeals San Antonio, Texas August 15, 2016 No. 04-16-00470-CV IN RE Jim WEYNAND Original Mandamus Proceeding1 ORDER Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice Real party in interest Olmos Equipment, Inc., has filed a notice stating that it is in bankruptcy. The notice complies with Rule 8 of the Texas Rules of Appellate Procedure. Accordingly, this mandamus proceeding and all time periods are stayed from the date the bankruptcy petition was filed. See TEX. R. APP. P. 8.2. It is therefore ORDERED that this mandamus proceeding is ABATED. For administrative purposes, the mandamus proceeding will be treated as a closed case, unless and until it is reinstated in accordance with Rule 8.3 of the Texas Rules of Appellate Procedure. It is so ORDERED on August 15, 2016. PER CURIAM ATTESTED TO: _____________________________ Keith E. Hottle, Clerk 1 This proceeding arises out of Cause No. 2016CI11958, styled Jim Weynand v. Frost Bank; Ritchie Bros. Auctioneers (America) Inc., the Struthoff Company, Inc.; Bartlett Cocke; Bexar County; Bob Moore Construction, Inc.; Cadence McShane Constructions Co., LLC; Capco Steel, Inc.; Dysart, LLC; Embrey Partners; Emerson Construction; Fetzer Companies, Inc.; Galaxy Builders, Ltd.; Godfrey Construction; Olmos Contracting I, LLC; Reid & Associates; and Resource Commercial, Inc., , pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Richard Price presiding. MINUTES Court of Appeals Fourth Court of Appeals District San Antonio, Texas August 15, 2016 No. 04-16-00470-CV IN RE Jim WEYNAND Original Mandamus Proceeding2 ORDER Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice Real party in interest Olmos Equipment, Inc., has filed a notice stating that it is in bankruptcy. The notice complies with Rule 8 of the Texas Rules of Appellate Procedure. Accordingly, this mandamus proceeding and all time periods are stayed from the date the bankruptcy petition was filed. See TEX. R. APP. P. 8.2. It is therefore ORDERED that this mandamus proceeding is ABATED. For administrative purposes, the mandamus proceeding will be treated as a closed case, unless and until it is reinstated in accordance with Rule 8.3 of the Texas Rules of Appellate Procedure. It is so ORDERED on August 15, 2016. PER CURIAM ATTESTED TO: /s/Keith E. Hottle Keith E. Hottle, Clerk ENTERED THIS 15TH DAY OF AUGUST, 2016. 2 This proceeding arises out of Cause No. 2016CI11958, styled Jim Weynand v. Frost Bank; Ritchie Bros. Auctioneers (America) Inc., the Struthoff Company, Inc.; Bartlett Cocke; Bexar County; Bob Moore Construction, Inc.; Cadence McShane Constructions Co., LLC; Capco Steel, Inc.; Dysart, LLC; Embrey Partners; Emerson Construction; Fetzer Companies, Inc.; Galaxy Builders, Ltd.; Godfrey Construction; Olmos Contracting I, LLC; Reid & Associates; and Resource Commercial, Inc., , pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Richard Price presiding.