Narrative Opinion Summary
On February 16, 2017, the Fourteenth Court of Appeals issued an order regarding the appeal of Joel Mallory against Washington Mutual, N.A. and Mann. Stevens, P.C., stemming from the 189th District Court of Harris County, Texas. The appeal was previously abated on January 25, 2007, due to Mallory filing for voluntary bankruptcy in the Southern District of Texas, case number 07-30383. The court learned via the PACER system that the bankruptcy case was closed on October 19, 2010. The parties did not inform the court about the status of the bankruptcy. The order states that unless a party files a motion showing good cause to retain the appeal within 20 days, the appeal will be reinstated and dismissed for want of prosecution.
Legal Issues Addressed
Duty to Inform Court of Changes in Bankruptcy Statussubscribe to see similar legal issues
Application: The parties did not fulfill their obligation to update the court on the bankruptcy proceedings, which is necessary for the court to make informed decisions regarding the appeal.
Reasoning: The parties did not inform the court about the status of the bankruptcy.
Effect of Bankruptcy on Appeal Proceedingssubscribe to see similar legal issues
Application: The appeal was abated due to the appellant's voluntary bankruptcy filing, which is a common procedural effect when a party is undergoing bankruptcy proceedings.
Reasoning: The appeal was previously abated on January 25, 2007, due to Mallory filing for voluntary bankruptcy in the Southern District of Texas, case number 07-30383.
Reinstatement and Dismissal for Want of Prosecutionsubscribe to see similar legal issues
Application: The court set a condition for reinstating and potentially dismissing the appeal if no party shows good cause to retain it within a specified timeframe.
Reasoning: The order states that unless a party files a motion showing good cause to retain the appeal within 20 days, the appeal will be reinstated and dismissed for want of prosecution.