Opinion
No. 14-03-00961-CV.
Memorandum Opinion filed February 26, 2004.
On Appeal from the 157th District Court, Harris County, Texas, Trial Court Cause No. 95-07991.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices FROST and GUZMAN.
MEMORANDUM OPINION
This is an appeal from a judgment signed December 9, 2002. No clerk's record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.
On September 23, 2003, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex.R.App.P. 37.3(b). Appellant filed no response. Accordingly, on October 23, 2003, this court dismissed the appeal.
On November 3, 2003, appellant submitted a notice that on July 16, 2003, she had petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under cause number 03-40093-H4-7. Because a stay is automatically effected by Section 362(a) of the Bankruptcy Code, on the court's own motion, we withdrew our October 23, 2003 opinion and stayed the appeal. See TEX. R. APP. P. 8.2.
On February 11, 2004, appellees filed a motion to reinstate the appeal and then dismiss the appeal. See TEX. R. APP. P. 8.3. A copy of the bankruptcy court's January 20, 2004 order dismissing appellant's bankruptcy case was attached to the motion. Appellant filed no response to appellant's motion. We grant the motion.
To date, no proof of payment for the clerk's record has been provided, and the clerk's record has not been filed. Because the time for filing the clerk's record expired before the bankruptcy stay was ordered, no additional time for payment is granted. See Tex.R.App.P. 8.2.
Accordingly, the appeal is ordered dismissed.