Dr. Gerald W. Johnson and Lana Davis v. Earl and Gail Newsome

• Court: Court of Appeals of Texas
• Decided: January 7, 2010
• Docket: 14-97-01288-CV
• Status: Published

Opinion

 SEQ CHAPTER \h \r 1Dismissed and Memorandum Opinion filed January 7, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-97-01288-CV

DR. GERALD JOHNSON and LANA DAVIS, Appellants

V.

EARL and GAIL NEWSOME, Appellees

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 79-42525-H

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 October 31, 1997. On December 4, 1997, this court abated this appeal because appellant, Dr. Gerald W. Johnson, petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 97-51245-11. 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 December 9, 1999. The parties failed to advise this court of the bankruptcy court action.

On November 19, 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 response was filed. 

Accordingly, we reinstate the appeal and order it dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Christopher.