Opinion issued August 31, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-05-01070-CV
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VANESSA SINEGAURE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DARNELL SINEGAURE, DECEASED; VIRGINIA SINEGAURE; DARNELL JONES; AND HAROLD MOORE, Appellants
V.
BALLY TOTAL FITNESS CORPORATION, Appellee
On Appeal from the 334th District Court
Harris County, Texas
Trial Court Case No. 2002-17048
MEMORANDUM OPINION
We dismiss this appeal for want of prosecution. On July 31, 2007, a bankruptcy proceeding was commenced, thus staying all proceedings in this Court. See 11 U.S.C. § 362 (2006) (automatic stay in bankruptcy). On June 10, 2010, the Clerk notified the parties that the Court had learned from the public records of the bankruptcy court that the bankruptcy proceeding was ordered closed on December 30, 2009 and unless, within 20 days of the date of the notice, any party to this appeal filed a motion to retain, the appeal would be reinstated and dismissed for want of prosecution. The specified time 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. 8.3 (reinstatement of case suspended by bankruptcy filing), 42.3(b) (allowing dismissal for want of prosecution).
PER CURIAM
Panel consists of Justices Jennings, Alcala, and Massengale.