Don Wayne McCaffety v. Margarita Ramos Pinon

• Court: Court of Appeals of Texas
• Decided: April 5, 2011
• Docket: 14-08-00267-CV
• Status: Published

Opinion

Appeal Reinstated; Dismissed and Memorandum Opinion filed April 5, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00267-CV

DONALD WAYNE MCCAFFETY, Appellant

V.

MARGARITA RAMOS PINON, ET AL, Appellees

On Appeal from County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 890725

M E M O R A N D U M   O P I N I O N

            This appeal is from a judgment signed January 7, 2008.  On June 15, 2010, this court abated this appeal because appellant, Donald Wayne McCaffety, petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 10-30905-H1 13.  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 24, 2010.  The parties failed to advise this court of the bankruptcy court action.

            On March 8, 2011, 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 response was filed. 

            Accordingly, we reinstate the appeal and order it dismissed.

                                                                        PER CURIAM

Panel consists of Justices Anderson, Seymore, and McCally.