Richard Cheroske, Blue Castle Property Management, LLC, 190 Orange Avenue and David Penny v. Dyer Street, LLC Appeal from County Court at Law No 6 of El Paso County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS RICHARD CHEROSKE, BLUE CASTLE PROPERTY MANAGEMENT, LLC, 190 ORANGE AVENUE and DAVID PENNY, § No. 08-11-00087-CV § Appeal from the § Appellants, County Court at Law No. 6 § v. of El Paso County, Texas § DYER STREET, LLC, (TC# 2009-3537) § Appellee. § MEMORANDUM OPINION This appeal was abated by this Court on August 2, 2011, due to bankruptcy proceedings. See TEX.R.APP.P. 8.2. The abatement order required the parties to file a proper motion notifying this Court of the lifting of the automatic stay when bankruptcy proceedings were completed. On February 8, 2022, this Court issued an order requesting from the parties an updated status regarding the bankruptcy proceedings. On February 23, 2022, Appellants filed a letter notifying this Court that bankruptcy proceedings had been completed and they were discharged. Appellants also asserted that, on February 23, 2022, Appellee had filed in the trial court a notice of nonsuit dismissing all claims against Appellants, without prejudice. Appellants further informed this Court that all parties had agreed the appeal should be dismissed as moot. On March 1, 2022, this Court issued an order reinstating this appeal based on the completion of the bankruptcy proceeding and lifting of the automatic stay. The Court construes Appellants’ letter response as a motion to dismiss the appeal. See TEX.R.APP.P. 42.1(a)(1). Accordingly, the motion is granted and the appeal is dismissed. See TEX.R.APP.P. 43.2(f). GINA M. PALAFOX, Justice March 4, 2022 Before Rodriguez, C.J., Palafox, and Alley, JJ. 2
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