Teresa Corral Lerma, Veronica Teresa Lerma and Eduardo N. Lerma v. Border Demolition & Environmental, Inc. Appeal from 120th District Court of El Paso County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS TERESA CORRAL-LERMA, VERONICA TERESA LERMA and EDUARDO N. LERMA § No. 08-12-00003-CV § Appeal from the § 120th District Court v. § of El Paso County, Texas BORDER DEMOLITION & ENVIRONMENTAL, INC., a Texas Corporation, § (TC# 2009-2631) and (TC# 2011DCV8313) Appellants, § Appellee. § MEMORANDUM OPINION Pending before the Court is a motion for voluntary dismissal of this mandamus action from Appellants Teresa Corral-Lerma, Veronica Teresa Lerma and Eduardo N. Lerma. 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 January 3, 2012, Appellants filed their notice of appeal. On December 7, 2012, 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 4, 2021, Appellant filed a voluntary motion to dismiss contending that the matter at issue in this appeal had been settled in bankruptcy court, and on November 12, 2021, Appellant provided a copy of a release showing the matter at issue in this appeal had been fully settled. Based on this filing, the Court on November 8, 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 Given that the automatic bankruptcy stay is apparently no longer in effect and the parties have resolved their dispute, we hereby grant the motion and dismiss this appeal.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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