Opinion
05-17-01158-CV
05-28-2021
CHARLES WHITTINGTON AND DIANE WHITTINGTON, Appellants v. HSBC BANK USA, N.A. AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., Appellee
On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-01751-2016
Before Justices Myers, Partida-Kipness, and GarciaMEMORANDUM OPINION
DENNISE GARCIA, JUSTICE
This appeal is reinstated. In 2018, we abated this appeal due to Diane Whittington's bankruptcy. See Tex. R. App. P. 8.2. Since the abatement, there has been no activity in this appeal. The Court conducted an independent review of the federal Public Access to Court Electronic Records (PACER) system which shows the debtor was discharged on August 30, 2018.
We notified the parties by letter, requesting they inform the Court of the status of the bankruptcy and of this appeal. We cautioned that the failure to respond might result in the appeal being dismissed for want of prosecution. See id. 42.3(b), (c).
In response, appellants filed a motion to dismiss the appeal stating that appellants have settled all claims against appellee and requesting the Court to dismiss this appeal. We grant appellants' motion and dismiss this appeal. See id. 42.1(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.