Narrative Opinion Summary
The Court of Appeals for the Ninth District of Texas at Beaumont addressed an appeal involving eMachines, Inc., EM Holdings, Inc., Empire Acquisition Corporation, and Trigem Computer, Inc. against David Packard and others. The appeal had been abated since June 30, 2005, due to a suggestion of bankruptcy. On December 21, 2012, the appellants, alongside the appellees, filed a joint motion to reinstate the appeal for eMachines, EM Holdings, and Empire Acquisition, while also seeking to abate the appeal pending remand for further proceedings. The court granted this motion, reinstating the appeal for these parties and remanding the case to the trial court to execute their agreement related to class certification issues. The appeal for Trigem Computer, Inc. remains abated, awaiting a motion to reinstate by an interested party. The court's order was formalized on January 10, 2013.
Legal Issues Addressed
Abatement of Appealsubscribe to see similar legal issues
Application: The appeal was initially abated due to a suggestion of bankruptcy and was later reinstated for certain parties upon their joint motion with the appellees.
Reasoning: The appeal was initially abated on June 30, 2005, due to a suggestion of bankruptcy.
Partial Reinstatement of Appealsubscribe to see similar legal issues
Application: The appeal was reinstated for eMachines, EM Holdings, and Empire Acquisition, but remained abated for Trigem Computer, Inc. pending further action by an interested party.
Reasoning: However, the appeal for Trigem Computer, Inc. remains abated until a motion to reinstate is filed by an interested party.
Remand to Trial Courtsubscribe to see similar legal issues
Application: The appellate court remanded the case to the trial court to execute the parties' agreement concerning class certification issues.
Reasoning: The court has reinstated the appeal for eMachines, EM Holdings, and Empire Acquisition and has remanded the case to the trial court to sign and enter orders that align with the parties' agreement.