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EP Energy Company v. Storey Minerals, Ltd, Maltsberger/Storey Ranch, LLC, and Rene Barrientos, Ltd.

Citation: Not availableDocket: 04-19-00534-CV

Court: Court of Appeals of Texas; October 15, 2019; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

EP Energy Company has filed a notice of bankruptcy, which complies with Rule 8 of the Texas Rules of Appellate Procedure. Consequently, the appeal is stayed from the date the bankruptcy petition was filed, and the case is ordered to be abated. For administrative purposes, the appeal will be treated as closed until it is reinstated per Rule 8.3 of the Texas Rules of Appellate Procedure. The order is issued by Justice Irene Rios, with acknowledgment from Chief Deputy Clerk Luz Estrada, dated October 15, 2019.

Legal Issues Addressed

Administrative Closure of Appeals During Bankruptcy

Application: For administrative purposes, the appeal is treated as closed until the bankruptcy stay is lifted and the case can be reinstated according to the rules.

Reasoning: For administrative purposes, the appeal will be treated as closed until it is reinstated per Rule 8.3 of the Texas Rules of Appellate Procedure.

Bankruptcy Stay under Texas Rules of Appellate Procedure Rule 8

Application: The filing of a bankruptcy notice by EP Energy Company resulted in an automatic stay of the appeal process as required by the procedural rules.

Reasoning: EP Energy Company has filed a notice of bankruptcy, which complies with Rule 8 of the Texas Rules of Appellate Procedure. Consequently, the appeal is stayed from the date the bankruptcy petition was filed, and the case is ordered to be abated.