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EVANS v. UNIT 82 JOINT VENTURE

No. 11-0217.

377 S.W.3d 694 (2012)

Robb EVANS, Receiver for Mediacopy Texas, Inc., and Infodisc Global Holding, Inc., Maynards Industries (1991) Inc., and International Commercial Bank of China, Los Angeles Branch, Petitioners, v. UNIT 82 JOINT VENTURE, Five Star Holding Company, Inc., Five Star Holding Management, L.L.C., and 1320/1390 Don Haskins, Ltd., Respondents.

Supreme Court of Texas.

Decided August 31, 2012.

Attorney(s) appearing for the Case

Ken Slavin, Kemp Smith, LLP, El Paso, TX, Bernard Robert Given II, Frandzel Robins Bloom & Csato, L.C., Los Angeles, CA, for Petitioner.

Corey W. Haugland, James & Haugland, P.C., El Paso, TX, Randy Lee, Law Office of Randy Lee, El Paso, TX, for Respondents.

PER CURIAM.

Recently in York v. State, we reiterated that "`[a]n action taken in violation of the automatic [in bankruptcy] stay is void, not merely voidable.'" 373 S.W.3d 32, 38 (Tex. 2012) (quoting Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex.1988) (per curiam)). In this case, the court of appeals, sua sponte, dismissed the entire proceeding as...

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