NUMBER 13-17-00394-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
EDWARD L. KENNEDY, Appellant,
v.
SOUTHBROOK DEVELOPMENT
CORPORATION, WESLEY C. ANDERSON,
LACEY M. ANDERSON, CALLUM R. COOK,
KIMBERLY A. COOK AND KEENON RAYNER, Appellees.
____________________________________________________________
On appeal from the 410th District Court
of Montgomery County, Texas.
____________________________________________________________
ORDER
Before Chief Justice Valdez and Justices Contreras and Hinojosa
Order Per Curiam
Appellant Edward L. Kennedy perfected an appeal from a judgment rendered
against him on March 22, 2107 in cause number 14-12-13281-CV in the 410th District
Court of Montgomery County, Texas. His appeal was transferred to this Court from the
Ninth Court of Appeals by order of the Texas Supreme Court. See TEX. GOV'T CODE ANN.
§ 22.220(a) (West, Westlaw through 2017 1st C.S.) (delineating the jurisdiction of
appellate courts); TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2017 1st C.S.)
(granting the supreme court the authority to transfer cases from one court of appeals to
another at any time that there is “good cause” for the transfer).
The parties to this appeal disagreed with regard to whether or not the appeal was
affected by a bankruptcy involving the parties. This Court previously abated and
remanded this matter to the trial court to address whether or not the bankruptcy stay
applies to these proceedings. We requested that the trial court prepare and file its
findings and orders and cause them to be included in a supplemental clerk's record for
filing with this Court.
We are now in receipt of the trial court’s findings and conclusions. Based on our
review of the record and the trial court’s findings and conclusions, the automatic stay
pursuant to bankruptcy applies to this appeal and the appeal is suspended. See TEX. R.
APP. P. 8.2. Accordingly, our abatement of this appeal remains in effect until further
order of this Court. Any documents filed by the parties subsequent to the bankruptcy
petition will remain pending until the appeal is reinstated. The parties are directed to
take such action as is appropriate to advise the Court of any change in the status of the
bankruptcy proceeding which would affect the status of this appeal, including but not
limited to, the filing of a motion to reinstate pursuant to Texas Rule of Appellate Procedure
8.3. See id. 8.3.
IT IS SO ORDERED.
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PER CURIAM
Delivered and filed the
27th day of October, 2017.
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