Opinion
No. 08-04-00095-CV
February 15, 2007.
Appeal from the 409th District Court of El Paso County, Texas. (TC# 2000-4142).
Before Chew, C.J., McClure, and Carr, JJ.
MEMORANDUM OPINION
On March 3, 2004, this Court ordered the underlying appeal in this cause abated and removed from the docket upon receiving a notice of bankruptcy filing. Thereafter, Appellant moved to severe the case of Joye Thomas, Individually and as Personal Representative of the Heirs and Estate of Robert L. Thomas, Deceased v. Kellogg, Brown Root, Inc. This Court granted Appellant's motion and the case was given a new appellate cause number of 08-04-00095-CV and removed from the Court's docket and abated.
On January 18, 2007, this Court received notice that the U.S. Bankruptcy Court of the Western District of Pennsylvania issued an order of final decree and the above styled and numbered cause was ordered reinstated on January 24, 2007.
Pending before the Court is Appellant's unopposed motion to dismiss the appeal. See TEX.R.APP.P. 42.1(a)(1). We have considered this cause on the motion and conclude that the motion should be granted. Therefore, we grant Appellant's unopposed motion to dismiss and dismiss this appeal. Costs will be taxed against the party incurring same.