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 APPEALS DISTRICT

CADENA-REEVES JUSTICE CENTER 

300 DOLOROSA, SUITE 3200

SAN ANTONIO, TEXAS 78205-3037

WWW.4THCOA.COURTS.STATE.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 48160

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. 53857

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

No. 04-13-00148-CV

Javier H. PEREZ,

Appellant

v.

Patricia VILLARREAL and Israel Villarreal,

Appellees

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 Texas Insurance 

Code. When the Texas Commissioner of Insurance issues an order designating an insurer as 

impaired, an automatic stay is required by statute. See TEX. INS. CODE ANN. § 462.309 (West 

2009). We therefore ordered the appeal abated and treated as 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 proceeding 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 in 
this 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