In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-17-00424-CV
________________________
M&L BUILDERS, INC., APPELLANT
V.
KRISU HOSPITALITY, LLC, APPELLEE
On Appeal from the 223rd District Court
Gray County, Texas
Trial Court No. 38,934; Honorable Phil N. Vanderpool, Presiding
April 30, 2019
ORDER OF REINSTATEMENT AND DISMISSAL
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
M&L Builders, Inc. and Mukesh Bhakta appealed from a default judgment in favor
of Krisu Hospitality, LLC. We abated the appeal on January 2, 2018, upon receiving
notice that Bhakta was in bankruptcy. See TEX. R. APP. P. 8.1, 8.2. In April 2018, Bhakta
filed a suggestion of bankruptcy, informing this court that his bankruptcy proceeding was
dismissed and that M&L Builders was now in bankruptcy. On May 1, 2018, pursuant to
Bhakta’s motion, we reinstated the appeal, severed Bhakta’s appeal into cause number
07-18-00156-CV, and abated M&L Builders’s appeal in accordance with Texas Rule of
Appellate Procedure 8.2.
In our May 1 order, we directed M&L Builders and Krisu Hospitality to promptly
inform this court of the resolution of M&L Builders’s bankruptcy proceeding or any other
event authorizing reinstatement of the appeal. See TEX. R. APP. P. 8.3(a). We received
no further communication regarding M&L Builders’s bankruptcy from the parties. In April
2019, pursuant to an inquiry, the clerk of this court received notice from the bankruptcy
court that M&L Builders’s bankruptcy had been resolved. Accordingly, by letter of April
9, 2019, we directed M&L Builders to file a motion requesting reinstatement or an
extension of the abatement by April 19, or the appeal would be dismissed. See id. at
42.3(c). To date, M&L Builders has not filed a response to the court’s letter.
Therefore, we reinstate the appeal for the purpose of dismissal and dismiss the
appeal because M&L Builders failed to comply with an order of this court. TEX. R. APP. P.
42.3(c).
It is so ordered.
Per Curiam
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