Fire Insurance Exchange and Farmers Insurance Exchange v. Earl S. Lilly

• Court: Court of Appeals of Texas
• Decided: August 20, 2009
• Docket: 14-99-00508-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 20, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-99-00508-CV

FIRE INSURANCE EXCHANGE and

FARMERS INSURANCE EXCHANGE, Appellants

V.

EARLE S. LILLY, Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 98-47798

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 April 16, 1999.  On March 2, 2000, this court abated this appeal because appellee Earle S. Lilly petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 99-41834-H3-13.  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 August 26, 2005.  The parties failed to advise this court of the bankruptcy court action.

On July 23, 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).

On August 6, 2009, appellants filed an unopposed motion to dismiss the case without prejudice.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, we reinstate the appeal and order it dismissed.  Without considering the merits, the trial court=s judgment is vacated and the case is dismissed without prejudice.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Sullivan.