Opinion
No. 05-10-01544-CV
12-04-2013
AMERISOUTH V, L.P., Appellant v. WELLS FARGO BANK N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-CK1; CW CAPITAL ASSET MANAGEMENT, LLC; AND WYATT MAXWELL, Appellees
Dismiss and Opinion Filed December 4, 2013
On Appeal from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. 10-06408
MEMORANDUM OPINION
Before Justices FitzGerald, Lang, and Fillmore
Opinion by Justice FitzGerald
The Court has before it appellant's December 29, 2010 unopposed motion to dismiss the appeal. Because the motion indicated that appellant had filed a bankruptcy proceeding, no action was taken on it at that time. The appeal was abated due to the bankruptcy proceeding. On September 5, 2013, appellees filed a letter stating the bankruptcy proceeding was closed following the confirmation of an Amended Plan of Reorganization as Modified for AmeriSouth. In the letter, appellees stated it was their position the appeal is moot. Appellant did not respond to appellees' letter. The Court reinstated the appeal and notified the parties that it would dispose of the December 29, 2010 motion to dismiss the appeal.
Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.2.
_________________
JUSTICE
JUDGMENT
AMERISOUTH V, L.P., Appellant
V.
WELLS FARGO BANK N.A., AS
TRUSTEE FOR THE REGISTERED
HOLDERS OF CREDIT SUISSE FIRST
BOSTON MORTGAGE SECURITIES
CORP., COMMERCIAL MORTGAGE
PASS-THROUGH CERTIFICATES,
SERIES 2001-CK1; CW CPAITAL ASSET
MANAGEMENT, LLC; AND WYATT
MAXWELL Appellees
No. 05-10-01544-CV
On Appeal from the 192nd Judicial District
Court, Dallas County, Texas
Trial Court Cause No. 10-06408.
Opinion delivered by Justice FitzGerald,
Justices Lang and Fillmore participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. We ORDER that each party bear its own costs of the appeal.
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KERRY P. FITZGERALD
JUSTICE