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Opinion issued November 18, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00647-CV
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TRINITY HEALTHCARE MANAGEMENT, L.L.C., ET AL, Appellant
V.
PHARMERICA, INC., Appellee
On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Cause No. 771745
MEMORANDUM OPINION
We dismiss this appeal for want of prosecution. On April 9, 2004, we abated this case because one or more of the parties to the appeal, who was a defendant in the trial court, filed a suggestion of bankruptcy. On July 14, 2010, we advised the parties that the Court had learned from the information service of the bankruptcy court that the case was ordered closed on December 11, 2009 and by a date certain, unless any party to the appeal filed a motion to retain, the appeal would be reinstated and dismissed for want of prosecution. The date certain has passed and no party to the appeal has filed a motion to retain.
Accordingly, we reinstate the appeal on our active docket, and we dismiss it 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).
PER CURIAM
Panel consists of Justices Keyes, Higley, and Bland.