Opinion
No. 01-07-00657-CV
Opinion issued May 28, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.
On Appeal from the 295th District Court Harris County, Texas, Trial Court Cause No. 0434651.
Panel consists of Justices JENNINGS, ALCALA, and HIGLEY.
MEMORANDUM OPINION
On April 16, 2008, 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 final decree in the bankruptcy proceeding was issued on October 9, 2008 and the case was closed. 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. In response to this notice, this Court received a letter from The Spenser Law Firm confirming our findings through the PACER system. 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 Michael L. Stanton and Carolyn H. Stanton, Debtors, 08-31712 (Bankr. S.D.Tex. filed Mar. 17, 2008).