Panel consists of Justices Wise, Jewell, and Poissant. Ruling and LIFT the stay issued in our Januorder.
NEWSTREAM HOTEL PARTNERS IAH LLC TRIAL
We DENY Newstream’s motion challenging the trial court’s supersedeas WeĬonclude the trial court did not err in denying Newstream’s motion to set Interest of the judgment creditor that needs protection pending appeal.”). Judgment is not for the recovery of money or property, nor is there any other apparent App.-Houston 2014) (trial courtĭid not err in declining to set supersedeas for take-nothing summary judgment “he Refusing to set supersedeas for judgment of dismissal) cf. proceeding) (per curiam) (trial court did not err in Last Name First Name Middle Name Nystrom: Timothy: Street Address 1 Street Address 2 311 S. OAK STREET: SUITE 250: City State/Province/Country ZIP/PostalCode Phone Number of Issuer ROANOKE: TEXAS: 76262: 8174648190: 3. May not be suspended because there is nothing to enforce. Newstream Hotel Partners - IAH LLC: Street Address 1 Street Address 2 311 S. Judgment debtor because there is no debt to be paid. The judgment here is a dismissal without prejudice. (4) involving conservatorship or custody, and (5) in favor of a governmental entity. Property, (3) for “something other than money or an interest in property,” Rule 24Īpplies to five types of judgments: (1) for recovery of money, (2) for recovery of Required depends on the type of judgment. Judgment, posting a bond, making a deposit in lieu of a bond, or providing alternate
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These rules provide otherwise, a judgment debtor may supersede the judgment by”įiling an agreement with the judgment creditor for suspending enforcement of the Of a judgment pending appeal in civil cases. Texas Rule of Appellate Procedure 24 addresses suspension of enforcement On a question of law, our review is de novo. We now turn to Newstream’s motion for review of the trial court’s Filed by Newstream Hotel Partners-LIT, LLC, Document Due. Without Schedules, Statements, or Other Required Documents. On April 9, 2020, we denied both motions and reinstated the appeal. 1.0 - Filed : Chapter 11 Voluntary Petition. Nystrom Newstream Hotels & Hospitality LLC: Lakeside Crossing Land Partners Lp Active 2017 Newstream Hotels and Resorts LLC: Ns Tyler1 Gp LLC Active 2022. Due to events occurring during the abatement, Red Lion moved toĭismiss the appeal as moot, and Newstream moved to continue the abatement period. Newstream Hotel Partners - Iah LLC Inactive 2018 Timothy C. On January 23, 2020, we abated the appeal for 60 days and referred the parties We did not review the trial court’s supersedeas ruling at that time. We issued an order later thatĭay granting the motion in part and staying the foreclosure sale referred to in the On January 6, 2020, Newstream filed its “Emergency Motion to Reviewĭenial of Supersedeas and for Temporary Order Staying Foreclosure PendingĪppeal.” Red Lion filed an opposition the same day. Lion Houston Holder, LLC (“Red Lion”) filed an opposition to the motion. Set a supersedeas bond and to stay the final judgment. Akard Street, Suite 3800 Dallas, TX 75201 Attorney/Law Firm Details Plaintiff Attorney Carlisle A. Newstream Hotel Partner-IAH, LLC (“Newstream”) under a forum selection clause.įollowing the dismissal, Newstream filed an emergency motion in the trial court to Newstream Hotel Partners-IAH, LLC Ferguson Braswell Fraser Kubasta Pc, 2500 N Dallas Parkway, Suite 600 Plano, TX 75093-4820 Defendant HMC Hospitality Operating Company Munsch Hardt Kopf & Harr, P.C., 500 N. This is an appeal from a judgment dismissing the lawsuit filed by plaintiff UC RED LION HOUSTON HOLDER, LLC AS SUCCESSOR IN
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117,086 PPP Loan Emerald 7 LLC New Orleans, LA. 6,945 PPP Loan 2041 Ops LLC New Orleans, LA. 21,100 PPP Loan Green House Inn LLC New Orleans, LA. 12,121 PPP Loan The Atlas House Hostel On Magazine LLC New Orleans, LA. NEWSTREAM HOTEL PARTNER-IAH, LLC, Appellant 220,900 PPP Loan Travis Thornton New Orleans, LA. 10.1(a).įor administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court.Motion Denied, Stay Lifted, and Order filed April 14, 2020 A party filing a motion to reinstate shall specify what further action, if any, is required from this court when the appeal is reinstated. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion. When a case has been suspended by a bankruptcy filing, a party may move the appellate court to reinstate the appeal if permitted by federal law or the bankruptcy court. A bankruptcy suspends the appeal from the date when the bankruptcy petition is filed until the appellate court reinstates the appeal in accordance with federal law. On April 29, 2020, appellant Newstream Hotel Partner-IAH, LLC notified this court that it petitioned for voluntary bankruptcy protection on Apin the United States Bankruptcy Court for the Eastern District of Texas under case number 20-41064.