The Texas Supreme Court remanded this cause to the trial court to resolve a factual dispute regarding whether the receivership proceeding violated the automatic bankruptcy stay. Though an intermediate appellate court has jurisdiction to review a final judgment entered by a trial court following reversal and remand to the trial court for entry of a new judgment, here the trial court's judgment was not reversed and the Supreme Court did not instruct the trial court to enter a new judgment consistent with its opinion. Therefore, because jurisdiction was not returned to the appellate court, but, instead, final judgment was entered by the Supreme Court and mandate issued, the appellate court lacks jurisdiction. El Paso Court of Appeals, No. 08-08-00159-CV, 08-12-2013.
Unit 82 Joint Venture v. Mediacopy Texas, Inc.
Tex. App. Dist. 8
August 12, 2013