## COURT OF APPEALS

CATHERINE STONE

CHIEF JUSTICE

KAREN ANGELINI

SANDEE BRYAN MARION

MARIALYN BARNARD

REBECA C. MARTINEZ

PATRICIA O. ALVAREZ

LUZ ELENA D. CHAPA

JUSTICES FOURTH COURT OF APPE ALS DISTRICT

CADENA

- REEVES JUSTICE CENTE R 300 DOLOROSA, SU ITE 3200 SAN ANTONIO, TEXAS 7 8205

- 3037

WWW.4THCOA.COURTS.ST ATE.TX.US KEITH E. HOTTLE

CLERK OF COURT

TELEPHONE (210) 335

- 2635

FACSIMILE NO. (210) 335

- 2762

February 4, 2014

Javier H. Perez, Sr.

#31562

- 279

FCI

- Milan

P.O. Box 1000 Milan, MT 48 160 Marion Russell Lawler III 805 Media Luna Street, Ste. 620 Brownsville, TX 78520

- 8145

* DELIVERED VIA E

- MAIL *

RE: Court of Appeals Number: 04

- 13

- 00148

- CV

Trial Court Case Number: 2011

- CVT

- 000406

- D2 Style: Javier H. Perez

v. Patricia Villarreal and Israel Villarreal

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours,

KEITH E. HOTTLE, CLERK

_____________________________ Elizabeth Montoya Deputy Clerk, Ext. 5 3857

cc: Esther Degollado (DELIVERED VIA E

- MAIL) Vicente Mendoza (DELIVERED VIA E

- MAIL) Cynthia Perez Lenz (DELIVERED VIA E

- MAIL)Patricia Villarreal and Israel



# Fourth Court of Appeals

San Antonio, Texas

February 4, 2014

N o. 04

- 13

- 00148

- CV

Javier H. PEREZ, Appellant

v.

Patricia VILLARREAL and Israel Villarreal,

Appellee s

From the 111th Judicial District Court, Webb County, Texas

Trial Court No. 2011

- CVT

- 000406

- D2 Honorable Monica Z. Notzon, Judge Presiding



### O R D E R

On August 9, 2013, in response to this court’s late brief notice, appellees filed a notice of automatic stay. Attached to the notice was an order from the Texas Commissioner of Insurance stating Driver’s Insurance Company, the insurance carrier defending appellees in this matter, is insolvent and has been designated an impaired insurer under Chapter 462 of the Tex as Insurance Code. When the Texas Commissioner of Insurance issues an order designating an insurer as impaired, an automatic stay is required by statute. See T EX

. I NS

. C ODE A NN

. § 462.309 (West 2009). We therefore ordered the appeal abated and treated a s a closed case until reinstated by

this court.

On December 17, 2013, appellant filed a letter in this court advising that the statutory automatic stay had expired. Reviewing the applicable statute, it appears appellant is correct.

Section 462.309 of the Texas Insurance Code states when an automatic stay is instituted because of the insolvency of an insurer, the matter is stayed for: “(1) a six

- month period beginning on the later of the date of the designation of impairment or the date an ancillary pro ceeding is brought in this state; and (2) a subsequent period as determined by the court, if any.” Id. § 462.309(a)(1). The designation of impairment was effective May 13, 2013. Therefore, in the absence of an extension of the stay by a court, appellant is correct that the stay expired November 13, 2013.

Accordingly, on December 17, 2013, we ordered appellees to show cause in writing on or before January 20, 2014, why the abatement previously ordered by this court should not be lifted

and this matter reinstated on the court’s active docket. We noted that at the time this matter was abated, appellees’ brief was due. We advised that if appellees did not show cause as directed inthis order, this court will lift the abatement, reinstate the case on the court’s active docket, and

appellees’ brief would be due thirty days from the date of the reinstatement.

Appellees did not respond to our December 17, 2013 order. Accordingly, we ORDER the abatement lifted and the appeal reinstated. We ORDER the clerk ’s office of this court to place the appeal back on the court’s active docket. We ORDER appellees to file their brief in

this court on or before March 6, 2014 . Appellees are advised that if the brief is not timely filed

pursuant to this court’s order, the appeal will be set at issue and the case will be submitted without an appellees’ brief.

We further order the clerk of this court to serve a copy of this order on all parties and all

counsel.

_________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 4th day of February, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court