B.G. Systems, Inc v. Vossler Electrical Services, Inc.; V.C.E., Inc., and Capital Indemnity Corporaiton--Appeal from 133rd District Court of Harris County

Dismissed and Opinion filed May 8, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02-00055-CV

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B.G. SYSTEMS, INC., Appellant

V.

VOSSLER ELECTRICAL SERVICES, INC., V.C.E., INC., and

CAPITAL INDEMNITY CORPORATION, Appellees

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 98-06829

M E M O R A N D U M O P I N I O N

This court was notified that appellant, B.G. Systems, Inc., petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 01-35656-H4-11. Because a stay was automatically effected by Section 362(a) of the Bankruptcy Code, by order issued March 7, 2002, we stayed all proceedings in the appeal. See Tex. R. App. P. 8.2.

On March 12, 2003, appellee Vossler Electrical Services, Inc. filed a motion to reinstate this appeal. With its motion, Vossler provided a certified copy of the order approving appellant=s plan of reorganization under Chapter 11. The plan calls for the continuation of this litigation on appeal until the judgment becomes final. Accordingly, on March 27, 2003, we granted Vossler=s motion and ordered the case reinstated and placed on the court=s active docket. See Tex. R. App. P. 8.3. At the time this court=s stay order was entered, the record in the appeal had not been filed. In the March 27, 2003, reinstatement order, the Court ordered the clerk=s record and reporter=s record to be filed on or before April 28, 2003. To date, the record has not been filed.

According to information provided by the trial court clerk, this is an attempted appeal from a judgment signed February 26, 2001. Appellant=s notice of appeal was not filed until January 14, 2002.

The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law. See Tex. R. App. P. 26.1. If appellant has filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex. R. App. P. 26.1(a).

Appellant=s notice of appeal was not filed timely. On April 14, 2003, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed May 8, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.