Howell v. Thompson, D-2425

Decision Date21 October 1992
Docket NumberNo. D-2425,D-2425
Citation839 S.W.2d 92
PartiesG.B. (Jimmy) HOWELL, Petitioner, v. Hugh D. THOMPSON and Willie Edgar Thompson, III, Individually and as Independent Executor of the Estate of Willie Edgar Thompson, Deceased, Respondents.
CourtTexas Supreme Court

John M. Frick, Tracy Pride Stoneman, Dallas, for petitioner.

Edward Ellis, Paris, for respondents.

ORDER

The court of appeals' issuance of its opinion and judgment was void because it occurred after petitioner filed bankruptcy proceedings and during the pendency of the automatic stay provided by 11 U.S.C. § 362(a)(1). Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex.1988). It is therefore ordered that petitioner's application for writ of error is granted, the judgment of the court of appeals is vacated, and the case is remanded to that court for further proceedings in accordance with this opinion. TEX.R.APP.P. 170. This order does not preclude reissuance of the same opinion and judgment.

To continue reading

Request your trial
45 cases
  • Paine v. Sealy
    • United States
    • Texas Court of Appeals
    • November 20, 1997
    ...the debtor, the action taken is void. See Kalb v. Feuerstein, 308 U.S. 433, 439, 60 S.Ct. 343, 346, 84 L.Ed. 370 (1940); Howell v. Thompson, 839 S.W.2d 92 (Tex.1992); Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex.1988). 3 Appellees acknowledge they served the reque......
  • Black v. Shor
    • United States
    • Texas Court of Appeals
    • April 18, 2013
    ...place is void and without legal effect. See Kalb v. Feuerstein, 308 U.S. 433, 439, 60 S.Ct. 343, 84 L.Ed. 370 (1940) ; Howell v. Thompson, 839 S.W.2d 92, 92 (Tex.1992) ; Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex.1988) ; Eguia, 367 S.W.3d at 458 ; In re Pegasus ......
  • Houston Pipeline Co. v. Bank of America
    • United States
    • Texas Court of Appeals
    • August 24, 2006
    ...is void, not merely voidable." Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex.1988); see also Howell v. Thompson, 839 S.W.2d 92, 92 (Tex.1992) (order). A void judgment results when, as here, the trial court had no jurisdiction over the parties or subject matter. Sta......
  • York v. State
    • United States
    • Texas Court of Appeals
    • September 24, 2009
    ...re Sensitive Care, 28 S.W.3d at 39; see Kalb v. Feuerstein, 308 U.S. 433, 439, 60 S.Ct. 343, 346, 84 L.Ed. 370 (1940); Howell v. Thompson, 839 S.W.2d 92, 92 (Tex. 1992). This is true regardless of whether a party or the state court learns of the stay before taking action against the debtor.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT