Briones, Walter L. v. Commercial Metals Company

• Court: Court of Appeals of Texas
• Decided: April 9, 2009
• Docket: 13-94-00290-CV
• Status: Published

Opinion

NUMBER 13-94-00290-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

WALTER L. BRIONES, Appellant,

v.

COMMERCIAL METALS COMPANY, Appellee. _____________________________________________________________

On Appeal from the 94th District Court of Nueces County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

This appeal was abated by this Court on August 4, 1994, 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 March 5, 2009, 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. The order notified the parties that failure to respond to the order would result in reinstatement and

dismissal of the appeal for want of prosecution.

The parties have failed to respond. Accordingly, we reinstate and dismiss the

appeal for want of prosecution. See TEX . R. APP. P. 42.3(b).

PER CURIAM

Memorandum Opinion delivered and filed this the 9th day of April, 2009.