Howell v. Thompson, D-2425
Decision Date | 21 October 1992 |
Docket Number | No. D-2425,D-2425 |
Citation | 839 S.W.2d 92 |
Parties | G.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. |
Court | Texas Supreme Court |
John M. Frick, Tracy Pride Stoneman, Dallas, for petitioner.
Edward Ellis, Paris, for respondents.
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-
Paine v. Sealy
...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
...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
...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
...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.......