Opinion issued May 21, 2009
In The
Court of Appeals
For The
First District of Texas
NO. 01-00-00154-CV
EDWARD MAYS, INDIVIDUALLY AND D/B/A ACTION MECHANICAL SERVICES AND ACTION RESTORATION SERVICES, INC., Appellant
V.
XAN Q. VUONG, Appellee
On Appeal from the 129th District Court
Harris County, Texas
Trial Court Cause No. 9646429
MEMORANDUM OPINION
On May 11, 2000, 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.
On June 21, 2001, we sent a letter to all of the parties requesting an update on the status of the bankruptcy proceedings. On July 3, 2001, we received a reply from the appellee informing us that the bankruptcy case was still open.
This Court has since learned through the Public Access to Court Electronic Records (PACER) system that the bankruptcy proceedings were closed on February 6, 2006.
On April 1, 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.
PER CURIUM
Panel consists of Chief Justice Radack and Justices Taft and Sharp.
Do not publish. Tex. R. App. P. 47.