Opinion
No. 05-09-01140-CV
07-12-2017
BILLY AND DEBBIE HARGESHEIMER D/B/A JA-MAKIN TAN, DAVID WIGGINS AND DONNA WIGGINS, Appellants v. SIMULATED ENVIRONMENTAL CONCEPTS, INC., Appellee
On Appeal from the 397th Judicial District Court Grayson County, Texas
Trial Court Cause No. 08-0816-397
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Justice Lang-Miers
This appeal was abated on February 4, 2010 after appellants Billy and Debbie Hargesheimer d/b/a Ja-Makin Tan filed a suggestion of bankruptcy. On May 19, 2016, appellants' filed a motion to dismiss, stating all claims between the parties had been settled. The following day, the Court sent appellants a letter explaining that it would take no action on the motion until appellants filed a motion to reinstate the appeal. In response to the Court's December 29, 2016 status inquiry, appellants filed a letter with a copy of the bankruptcy court's discharge order.
Accordingly, this appeal is reinstated, appellants' May 19, 2016 motion to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 8.2, 42.1 (a)(1).
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE 091140F.P05
JUDGMENT
On Appeal from the 397th Judicial District Court, Grayson County, Texas
Trial Court Cause No. 08-0816-397.
Opinion delivered by Justice Lang-Miers. Chief Justice Wright and Justice Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that subject to any agreement of the parties, appellee SIMULATED ENVIRONMENTAL CONCEPTS, INC. recover its costs of this appeal from appellants BILLY AND DEBBIE HARGESHEIMER D/B/A JA-MAKIN TAN, DAVID WIGGINS AND DONNA WIGGINS. Judgment entered this 12th day of July, 2017.