Opinion
No. 01-02-01342-CV
Opinion issued May 28, 2009.
On Appeal from the 113th District Court Harris County, Texas, Trial Court Cause No. 9954070.
Panel consists of Justices JENNINGS, ALCALA, and HIGLEY.
MEMORANDUM OPINION
On February 20, 2003, this Court abated this appeal because one or more of the parties to the appeal, who was a defendant in the trial court, filed a suggestion of bankruptcy.
In re Gerald Allen, Debtor, 03-30957 (Bankr. S.D. Tex. filed Jan. 17, 2003).
Through the Public Access to Court Electronic Records (PACER) system, the Court has learned that the final judgment discharging the debt of Allen to Hudsom was issued on May 17, 2005.
On March 31, 2009, the Clerk of this Court sent notice to all parties that unless within 20 days any party to the appeal filed a motion to retain the appeal, this appeal would be reinstated and dismissed for want of prosecution.
We received no response to this letter. Therefore, we lift the abatement and reinstate the appeal, and we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3 (b) (providing that appellate courts may dismiss appeal for want of prosecution after giving 10 days' notice to all parties). Any pending motions are dismissed as moot.