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Pflugerville v. Midway

Court of Appeals of Texas, Third District, Austin
Nov 5, 2010
No. 03-09-00597-CV (Tex. App. Nov. 5, 2010)

Opinion

No. 03-09-00597-CV

Filed: November 5, 2010.

Appealed from the District Court of Travis County, 261st Judicial District, No. D-1-GN-07-001909, Honorable Margaret A. Cooper, Judge Presiding.

Dismissed on Appellants' Motion.

Before Chief Justice JONES, Justices PATTERSON and HENSON.


MEMORANDUM OPINION


On March 11, 2010, this appeal was abated pursuant to a notice that appellee Atrium Aluminum Products was in bankruptcy proceedings. See 11 U.S.C. § 362(a) (West 2004); Tex. R. App. P. 8.2. The appellants have filed a motion to reinstate and dismiss the appeal, noting that the parties, with the exception of Atrium Aluminum Products, have reached a settlement agreement. The appellants seek to voluntarily dismiss their claims against Atrium Aluminum Products in order to dismiss this appeal in its entirety. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1; see also Darr v. Altman, 20 S.W.3d 802, 807 (Tex. App.-Houston [14th] 2000, no pet.) (collecting cases and holding that dismissal of defendant/debtor does not violate bankruptcy stay).


Summaries of

Pflugerville v. Midway

Court of Appeals of Texas, Third District, Austin
Nov 5, 2010
No. 03-09-00597-CV (Tex. App. Nov. 5, 2010)
Case details for

Pflugerville v. Midway

Case Details

Full title:Pflugerville Fox Run Limited Partnership, Pflugerville Metairie Limited…

Court:Court of Appeals of Texas, Third District, Austin

Date published: Nov 5, 2010

Citations

No. 03-09-00597-CV (Tex. App. Nov. 5, 2010)