Motion to Reinstate Granted, Motion to Dismiss Appeal Granted, Appeal
Reinstated, Appeal Dismissed, and Memorandum Opinion filed September 14,
2021.
In The
Fourteenth Court of Appeals
NO. 14-19-01022-CV
NEWSTREAM HOTEL PARTNERS-IAH, LLC, Appellant
V.
UC RED LION HOUSTON HOLDER, LLC AS SUCCESSOR IN
INTEREST TO UC FUNDING, LLC, Appellee
On Appeal from the 269th District Court
Harris County, Texas
Trial Court Cause No. 2019-71008
MEMORANDUM OPINION
This appeal, which arises from a final order signed December 6, 2019 granting
a motion to dismiss due to a forum selection clause, has been stayed and suspended
since May 5, 2020 due to appellant’s bankruptcy proceeding. On July 12, 2021, the
parties filed a joint motion to dismiss the appeal, with each party to bear its own
costs. See Tex. R. App. P. 42.1(a). The motion to dismiss, however, did not include
a certified copy of any order from the bankruptcy court lifting or terminating the stay
associated with that bankruptcy proceeding. See Tex. R. App. P. 8.3(a). The parties
have since filed a joint motion to reinstate this appeal which includes a certified copy
of the bankruptcy court’s order dismissing the underlying bankruptcy proceeding,
signed April 8, 2021. Accordingly, this court grants the parties’ motion to reinstate
and their motion to dismiss the appeal, reinstates the appeal, and dismisses the
appeal.
PER CURIAM
Panel consists of Justices Wise, Jewell, and Spain.
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