Peacock Hospitality, Inc. d/b/a Holiday Inn Express-Burnet v. Bipin Patel, Mahadev, LLC, and Federal Deposit Insurance Corporation as receiver for First National Bank, N.A.

Summary

The Fourth Court of Appeals of Texas dismissed Peacock Hospitality’s appeal against the FDIC for lack of jurisdiction after Peacock failed to take action within the statutory sixty-day period following disallowance of its claim. The court reinstated the remainder of the appeal against Bipin Patel and Mahadev, LLC and directed the clerk to set that portion for submission.

Holdings

1. When a claimant fails to take action within the statutory sixty-day period to continue proceedings after the FDIC disallows its claim, the disallowance becomes final, the claimant has no further rights or remedies regarding the claim, and courts lack jurisdiction over that claim; accordingly, the appeal against the FDIC was dismissed.
2. When an appellate court stays proceedings pending further order of the court, thereby imposing an indefinite stay, the appellant must move to reinstate or otherwise take action to continue the appeal; the appeal does not automatically resume when a definite period expires.

Questions Presented

1. Whether the appeal against the FDIC had to be dismissed because Peacock failed to take action within sixty days after receiving notice that the FDIC had disallowed its claim.
2. Whether the court's indefinite stay required Peacock to take affirmative action to continue the appeal.

Disposition

dismissed