A. J. Morris, M. D., A. J. Morris, M.D., P.A., and Rio Grande Valley Imaging, Inc. v. Toshiba America Medical Systems, Inc., Juan Garcia, Leo Perez, and Cure Southeast Medical Services, Inc.

Opinion

NUMBER 13-09-00644-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

A. J. MORRIS, M. D., A.J. MORRIS, M.D., P.A., AND RIO GRANDE VALLEY IMAGING, INC. Appellants,

v.

TOSHIBA AMERICA MEDICAL SYSTEMS, INC., JUAN GARCIA, LEO PEREZ, AND CURE SOUTHEAST MEDICAL SERVICES, INC. Appellees. ____________________________________________________________

On appeal from the 107th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Vela, and Perkes Memorandum Opinion Per Curiam

This appeal was abated by this Court on April 13, 2010, due to the bankruptcy of

one of the parties to this appeal. See 11 U.S.C. 362; see generally TEX. R. APP. P. 8.

Since the abatement there has been no activity in this appeal. On October 4, 2011, the Court ordered the parties to file an advisory regarding the status of the appeal and, if

applicable, a motion to reinstate the appeal or a motion to dismiss the appeal.

Appellants have failed to respond. Appellees, Toshiba America Medical

Systems, Inc., Leo Perez, and Juan Garcia, responded to the order by filing a motion to

reinstate and dismiss the appeal. A copy of the bankruptcy court’s order approving

trustee report and discharging trustee is attached to their motion. Appellee, Cure

Southeast Medical Services, Inc., has responded by informing the Court that they believe

the appeal should be dismissed for want of prosecution.

Accordingly, appellees’ motion to reinstate and dismiss the appeal is GRANTED.

We reinstate and dismiss the appeal for want of prosecution. See TEX. R. APP. P.

42.3(b).

PER CURIAM

Delivered and filed the 3rd day of November, 2011.