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Kendrick L. Miller v. Robert T. Gregg and Kathleen C. Gregg Trust

Citation: Not availableDocket: 01-19-00658-CV

Court: Court of Appeals of Texas; January 13, 2020; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

On January 14, 2020, the Court of Appeals for the First District of Texas issued a memorandum opinion regarding the appeal of Kendrick L. Miller against Robert T. Gregg and Kathleen C. Gregg Trust. The appeal was initially stayed on October 1, 2019, pending the outcome of Miller's bankruptcy case in the Southern District of Texas. After being notified that the bankruptcy case was dismissed, Miller filed a motion to dismiss his appeal on December 6, 2019. The Court reinstated the appeal to its active docket, granted Miller's motion to dismiss, and concluded the appeal. All other pending motions were dismissed as moot. The panel included Justices Lloyd, Kelly, and Goodman.

Legal Issues Addressed

Dismissal of Appeal upon Appellant's Request

Application: The Court granted the appellant's motion to dismiss the appeal following the conclusion of bankruptcy proceedings.

Reasoning: The Court reinstated the appeal to its active docket, granted Miller's motion to dismiss, and concluded the appeal.

Mootness of Pending Motions

Application: All other pending motions in the appeal were dismissed as moot following the dismissal of the appeal.

Reasoning: All other pending motions were dismissed as moot.

Reinstatement of Appeal Following Bankruptcy Dismissal

Application: The appeal, initially stayed due to bankruptcy proceedings, was reinstated after the bankruptcy case was dismissed.

Reasoning: The appeal was initially stayed on October 1, 2019, pending the outcome of Miller's bankruptcy case in the Southern District of Texas. After being notified that the bankruptcy case was dismissed, Miller filed a motion to dismiss his appeal on December 6, 2019.