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Court of Appeals of Texas, Houston (1st Dist.).

LARRY PARKER, SR., Appellant v. DEMETRIA S. PARKER, Appellee

NO. 01-13-00774-CV

Decided: January 04, 2018

Panel consists of Justices Jennings, Massengale, and Caughey.


Appellant, Larry Parker, Sr., has filed a notice of appeal of the trial court's “Order Granting Turnover and Appointing Receiver.” On May 6, 2014, this Court suspended the appeal after appellant filed a “Suggestion of Bankruptcy,” showing that he had filed a petition for relief in the United States Bankruptcy Court for the Southern District of Texas. See TEX. R. APP. P. 8.2 (providing bankruptcy suspends appeal); see also 11 U.S.C.A. § 362(a) (West 2015) (providing filed bankruptcy petition operates as automatic stay of actions against debtor or debtor's property). The bankruptcy court has dismissed appellant's case. See In re Parker, Case No. 14-80164-G3-13, Adv. No. 16-8005, 2016 WL 3134427, at *1 (Bankr. S.D. Tex. May 26, 2016) (noting bankruptcy case was dismissed on March 28, 2016). On dismissal of the case, the automatic stay terminated. See 11 U.S.C. § 362(c)(2) (providing stay remains in effect until case is closed or dismissed, or bankruptcy court grants or denies discharge); Browning v. Navarro, 743 F.2d 1069, 1083 (5th Cir. 1984) (explaining stay generally continues until “earliest of the closing of the case, the dismissal of the case, or the time a discharge is granted or denied”); see also In re Parker, 2016 WL 3134427, at *1 (noting “upon dismissal, the automatic stay terminated”). However, no party has sought reinstatement of this appeal.

On October 19, 2017, we ordered appellant to file a motion to reinstate and dismiss the appeal, a motion to reinstate and proceed with the appeal, or a report advising the Court of the status of the proceedings no later than November 20, 2017. And, we notified appellant that, absent a timely response, the appeal would be reinstated and dismissed for want of prosecution or failure to respond to a Court order or notice from the Clerk of this Court. See TEX. R. APP. P. 42.3(b), (c). Appellant has not responded.

Accordingly, we reinstate and dismiss the appeal for want of prosecution and failure to respond to the Court's order. See id. 42.3(b), (c); Elite ER PLLC v. Page Southerland Page LLP, No. 01-13-01073-CV, 2017 WL 4413358, at *1 (Tex. App.—Houston [1st Dist.] Oct. 5, 2017, no pet.) (mem. op.). We dismiss any pending motions as moot.


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