BURNS v. BURNS

No. 04-98-00191-CV.

974 S.W.2d 820 (1998)

Richard Waller BURNS, Appellant, v. Waller Thomas BURNS, II, and Theo W. Pinson, III, Dependent Administrator of the Estate of Dorothy Jane Burns, Deceased, Appellees.

Court of Appeals of Texas, San Antonio.

June 17, 1998.


Attorney(s) appearing for the Case

James P. Barnett, Jr., James P. Barnett, Jr. & Associates, P.C., Houston, for Appellant.

Theo W. Pinson, Pinson & Associates, P.C., Houston, Steven A. Fleckman, Fleckman & McGlynn, Austin, for Appellees.

Before GREEN, DUNCAN and ANGELINI, JJ.


OPINION ON INTERLOCUTORY ORDER

PER CURIAM.

The appellant, Richard Waller Burns, filed a suggestion of bankruptcy. Although Burns was the plaintiff in the trial court, he is entitled to an automatic suspension of this appeal.

One commentator, relying on federal law, has suggested that the automatic stay does not apply to appeals where the debtor is both appellant and plaintiff. See Richard Orsinger, Traps Under the New T.R.A.P., 6th...

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