Opinion
No. 01-00-00913-CV
Opinion issued May 21, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.
On Appeal from the County Civil Court at Law No. 3, Harris County, Texas, Trial Court Cause No. 683699.
Panel consists of Chief Justice RADACK and Justices TAFT and SHARP.
MEMORANDUM OPINION
On November 11, 2001, 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 proceeding was dismissed by order on December 12, 2001 and was closed on February 19, 2002. On March 25, 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 Guadalupe Soto, Jovita Soto, Debtors, BK-01-40510-H1-13 (Bankr. S.D. Tex. filed Apr. 10, 2001).