Narrative Opinion Summary
Appellants TPC Controls, Inc. and Terry P. Clement sought to lift a bankruptcy stay and subsequently filed a motion to dismiss their appeal in case No. 05-12-01177-CV against TPC Electric Company, Inc. and Gear Brands, LLC. The Court of Appeals for the Fifth District of Texas granted both motions on September 16, 2013, reinstating the case to the active docket and dismissing the appeal. The Court ordered that each party bear its own costs associated with the appeal. The opinion was delivered per curiam by Justices Moseley, Bridges, and Lang-Miers.
Legal Issues Addressed
Bankruptcy Stay Liftingsubscribe to see similar legal issues
Application: The appellants successfully requested the court to lift the bankruptcy stay in order to proceed with their legal actions.
Reasoning: Appellants TPC Controls, Inc. and Terry P. Clement sought to lift a bankruptcy stay and subsequently filed a motion to dismiss their appeal in case No. 05-12-01177-CV against TPC Electric Company, Inc. and Gear Brands, LLC.
Costs in Appellate Proceedingssubscribe to see similar legal issues
Application: The court determined that each party should be responsible for its own costs related to the appeal, rather than assigning costs to one party.
Reasoning: The Court ordered that each party bear its own costs associated with the appeal.
Dismissal of Appealsubscribe to see similar legal issues
Application: The appellants' motion to dismiss their appeal was granted, resulting in the termination of the appellate proceedings.
Reasoning: The Court of Appeals for the Fifth District of Texas granted both motions on September 16, 2013, reinstating the case to the active docket and dismissing the appeal.