Mabel G. and Ronald E. Gold v. Marlene J. Carlile

Opinion issued May 21, 2009






     




In The

Court of Appeals

For The

First District of Texas





NO. 01-02-00547-CV





MABEL GAMBARELLI GOLD and RONALD E. GOLD, Appellants


V.


MARLENE J. CARLILE, CHRISTOPHER CARLILE, DIRECT WORLDWIDE LOGISTICS, INC., DIRECT GLOBAL SHIPPING CO., INC., MMQ L.L.C., HOUSTON EXOTIC RENTAL CARS, INC., and HOUSTON EXOTIC RENTAL CARS, L.L.C., Appellees





On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 0157295





MEMORANDUM OPINION

          On July 31, 2003, 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 was issued and the bankruptcy proceedings were closed on January 25, 2007.

          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.

          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 Justices Keyes, Hanks, and Bland.

Do not publish. Tex. R. App. P. 47.