Summary
The Texas Court of Appeals, Third District, addressed an automatic six-month stay and tolling of appellate proceedings resulting from the designation of the appellee’s insurer as impaired under Texas Insurance Code section 462.309. The court extended the mandate-issuance date to February 23, 2015, and ordered the appellee to file a status report regarding any further extension of the stay.
Topics
Practice areas
Questions Presented
- Whether the statutory requirements for the six-month automatic stay and tolling of appellate deadlines were satisfied.
- Whether the court should extend the mandate-issuance date because the statutory stay expired on a Saturday.
Holdings
- The court found sufficient evidence that the statutory requirements for the six-month automatic stay of proceedings and tolling of appellate deadlines had been met.
- The court extended the date for issuance of its mandate until February 23, 2015 because the six-month stay ended on Saturday, February 21, 2015.
Key quotations
“Finding sufficient evidence that the statutory requirements of an automatic stay have been met and that the only remaining live appellate deadline is the date for when this Court’s mandate shall issue, we hereby extend the date for issuance of mandate until February 23, 2015 because February 21, 2015 falls on a Saturday.” (at 2)
Factual background
First Texas Bancorp notified the court that a six-month automatic stay of proceedings and tolling of deadlines applied because its insurer had been designated impaired under Texas Insurance Code section 462.309. The court determined that the statutory requirements for the stay had been met and that the only remaining live appellate deadline was issuance of the mandate.
Procedural history
The appeal arose from the District Court of Williamson County, 277th Judicial District, cause number 10-078-C277. After the appellee notified the court that its insurer had been designated impaired under Texas Insurance Code section 462.309, the court found the statutory requirements for an automatic stay satisfied and extended the deadline for issuance of its mandate.
Remand instructions
First Texas Bancorp was ordered to file a status report by February 13, 2015 stating whether the six-month stay had been extended by a court of the state with jurisdiction over the cause of action.