Opinion
No. 01-00-00721-CV
Opinion issued May 21, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.
On Appeal from the 164th District Court, Harris County, Texas, Trial Court Cause No. 9333600A.
Panel consists of Chief Justice RADACK and Justices TAFT and SHARP.
MEMORANDUM OPINION
On September 21, 2000, 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. On June 21, 2001, we sent a letter to all of the parties requesting an update on the status of the bankruptcy proceedings. On July 31, 2001, we received a reply from Thomas Hunt, counsel for appellant Neeco Industries, Inc., stating that "[t]he receivership order which is the subject of Neeco's appeal is now moot pursuant to order of the bankruptcy court." Through the Public Access to Court Electronic Records (PACER) system, this Court learned that the bankruptcy court issued an order approving a compromise and settlement and closed the bankruptcy case on March 23, 2001. 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.
In re Neeco Industries, Inc., Debtor, 00-36565 (Bankr. S.D. Tex. filed June 29, 2000).