Star Construction Services, Inc. v. Fred Sembera

Dismissed and Memorandum Opinion filed August 6, 2009.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-00-00689-CV

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STAR CONSTRUCTION SERVICES, INC., Appellant

 

V.

 

FRED SEMBERA, Appellee

 

 

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 97-49487

 

 

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed March 13, 2000.  On December 8, 2005, this court abated the appeal because appellant petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 05-94171.  See Tex. R. App. P. 8.2. 

Through the Public Access to Court Electronic Records (PACER) system, the court has learned that the bankruptcy case was closed on November 11, 2008.  The parties failed to advise this court of the bankruptcy court action.


On June 25, 2009, this court issued an order stating that unless any party to the appeal filed a motion demonstrating good cause to retain the appeal within twenty days of the date of the order, this appeal would be dismissed for want of prosecution.  See Tex. R. App. P. 42.3(b).  No motion to retain was filed. 

Accordingly, we reinstate the appeal and order it dismissed.

 

PER CURIAM

 

Panel consists of Justices Anderson, Guzman and Boyce.