DJ Stephanco Auto Services, LLC, David J. Stephan, John Matt Rembert, and Foundation Builders, LLC v. Alnoor Malick and Shelina Malick; Alnoor Malick and Shelina Malick v. Foundation Builders, LLC

Summary

The Texas Court of Appeals reinstated the appeal after a bankruptcy stay and granted motions dismissing the appeals of DJ Stephanco Auto Services, LLC, David J. Stephan, Foundation Builders, LLC, and Alnoor and Shelina Malick. John Matt Rembert’s appeal remained pending, and the court stated that the interlocutory order would become final when judgment was issued in the cause.

Holdings

1. The court reinstated the appeal after the bankruptcy-related stay.
2. The court granted the motions to dismiss with prejudice and dismissed the appeals of DJ Stephanco Auto Services, LLC, David J. Stephan, Foundation Builders, LLC, and Alnoor and Shelina Malick.
3. The court dismissed as moot DJ Stephanco Auto Services and David J. Stephan's pending motions to dismiss, their motion to withdraw a motion to dismiss, and any other pending motions.
4. John Matt Rembert's appeal remained pending because the dismissal motions did not establish that the matters underlying his appeal had been resolved.

Questions Presented

1. Whether the appellate court should reinstate the stayed appeals after the bankruptcy-related stay.
2. Whether the appeals of DJ Stephanco Auto Services, David J. Stephan, Foundation Builders, LLC, and Alnoor and Shelina Malick should be dismissed with prejudice based on the parties' settlement and motions to dismiss.
3. Whether pending motions related to DJ Stephanco Auto Services and David J. Stephan's appeal should be dismissed as moot.
4. Whether John Matt Rembert's appeal should remain pending because the motions did not establish that the matters underlying his appeal had been resolved.

Disposition

dismissed