Donna Ellen Newsome, M.D., PhD v. North Texas Neuroscience Center P. A. Appeal from 296th District Court of Collin County (memorandum opinion)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS DONNA ELLEN NEWSOME, M.D., PH.D., § No. 08-09-00025-CV § Appellant, Appeal from the § v. 296th District Court § NORTH TEXAS NEUROSCIENCE CENTER, P.A., of Collin County, Texas § (TC# 296-304-07) Appellee. § MEMORANDUM OPINION Pending before the Court is a motion for voluntary dismissal of this appeal from Appellant, Donna Ellen Newsome, M.D., Ph.D. The motion was held in abeyance pending confirmation of the resolution of bankruptcy proceedings. Because we have since confirmed that this matter is no longer subject to an automatic bankruptcy stay, we will grant the motion and dismiss this appeal. On December 2, 2008, Appellant filed his notice of appeal. On November 18, 2009, this Court received a suggestion of bankruptcy and subsequently abated proceedings in accordance with the automatic bankruptcy stay. See TEX.R.APP.P. 8.2. On November 1, 2021, the Clerk of the Court issued a letter stating that this Court’s previous abatement order required the parties to provide a proper motion and notification once bankruptcy proceedings had been concluded, and the Clerk requested a response be filed with this Court within 15 days. On November 29, 2021, Appellant filed a voluntary motion to dismiss contending that the matter at issue in this appeal had been settled in bankruptcy court. Based on this filing, the Court on November 29, 2021, issued an order reinstating this appeal. Given that the automatic bankruptcy stay is apparently no longer in effect and the parties have resolved their dispute, we hereby grant the motion and dismiss this appeal. YVONNE T. RODRIGUEZ, Chief Justice December 30, 2021 Before Rodriguez, C.J., Palafox, and Alley, JJ. 2

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