Opinion
No. 01-02-00680-CV
Opinion issued May 21, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.
On Appeal from the 165th District Court Harris County, Texas, Trial Court Cause No. 0227061.
Panel consists of Chief Justice RADACK and Justices TAFT and SHARP.
MEMORANDUM OPINION
On September 19, 2002, 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. Through the Public Access to Court Electronic Records (PACER) system, the Court has learned that the bankruptcy proceedings were closed by court order on October 21, 2002. The proceedings were then transferred to another bankruptcy court, and the case was eventually closed on February 19, 2003. On April 1, 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.
In re Clearpay L.L.C., Debtor, SA02-15651-RA (Bankr. C.D. Cal. filed July 23, 2002); In re ClearChex.com, Inc., Debtor, SA02-15653RA (Bankr. C.D. Cal. filed July 23, 2002); In re ClearFunds L.L.C., Debtor, SA02-15654RA (Bankr. C.D. Cal. filed July 23, 2002); In re Cheeta L.L.C., Debtor, SA02-15655RA (Bankr. C.D. Cal. filed July 23, 2002).
In re Clearpay L.L.C., ClearChex.com, Inc., ClearChex Inc., ClearFunds L.L.C., Cheetah L.L.C., and TMG L.L.C., Debtors, 02-41785-H4-11 (Banrk. S.D. Tex. filed October 7, 2002).