Order entered December 8, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00775-CV
MARCANTONIO ENTERPRISES, LLC, Appellant
V.
STELLAR RESTORATION SERVICES, LLC, Appellee
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-05272-2016
ORDER
Before the Court are (1) appellee’s December 6, 2017 unopposed motion to reinstate the
appeal, which was abated due to bankruptcy; (2) John S. Morgan’s October 24, 2017 unopposed
motion to withdraw as counsel for appellant; and (3) appellee’s response to the motion to
withdraw.
Appellee recites in its motion to reinstate that the bankruptcy court entered an order on
October 11, 2017 modifying the automatic stay to permit the parties to pursue and defend the
appeal. Attached to the motion is a copy of the bankruptcy court’s order. We GRANT
appellee’s motion and REINSTATE the appeal. See TEX. R. APP. P. 8.3(a).
Because the motion to withdraw as counsel does not comply with the requirements of
Texas Rule of Appellate Procedure 6.5, we DENY that motion. See id. 6.5. The denial is
without prejudice to refiling a motion that complies with rule 6.5.
We note both the clerk’s record and the reporter’s record have been filed. Accordingly,
we ORDER appellant to file its brief no later than January 8, 2018.
/s/ CRAIG STODDART
JUSTICE
Marcantonio Enterprises, LLC v. Stellar Restoration Services, LLC
Combined Opinion