Opinion
No. 10-10-00312-CV
Opinion delivered and filed February 23, 2011.
Appealed from the 40th District Court Ellis County, Texas, Trial Court No. 68132.
Before Chief Justice GRAY, Justice DAVIS, and Justice SCOGGINS.
MEMORANDUM OPINION
The parties each filed a notice that Appellee Palm Harbor Homes, Inc. filed a bankruptcy proceeding on November 29, 2010. See TEX. R. APP. P. 8.1. Further action in this appeal has been automatically stayed. See 11 U.S.C. § 362. This appeal has thus been suspended. See TEX. R. APP. P. 8.2.
Appellants have now filed a motion to dismiss, noting that Appellee Palm Harbor Homes, Inc. is the only appellee in this appeal and stating that Appellants no longer intend to pursue their appeal against Appellee Palm Harbor Homes, Inc.
The clerk's record has not been filed, and it is unclear whether this is an interlocutory appeal.
Accordingly, for the sole purpose of granting Appellants' motion to dismiss, we reinstate this appeal. Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. See TEX. R. APP. P. 42.1(a)(1). The motion is granted, and the appeal is dismissed.