Five Star Reconstructors, G v. Inc. v. Grayco Builders, LLC

Opinion

Dismissed and Memorandum Opinion filed April 3, 2014.

In The

Fourteenth Court of Appeals

NO. 14-11-00046-CV

FIVE STAR RECONSTRUCTORS, G.V. INC., Appellant V.

GRAYCO BUILDERS, LLC, Appellee

On Appeal from the 165th District Court Harris County, Texas Trial Court Cause No. 2009-72279

MEMORANDUM OPINION According to information provided to this court, this is an interlocutory appeal from an order denying appellant’s motion to compel arbitration signed January 5, 2011. On February 24, 2011, this court abated the appeal because appellant petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 11-31130. 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 January 15, 2014. The parties failed to advise this court of the bankruptcy court action.

On March 4, 2014, 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 Frost and Justices Donovan and Brown.