Fred Perlstein v. D. Steller 3 LTD.

• Court: Court of Appeals of Texas
• Decided: June 11, 2009
• Docket: 13-06-00284-CV
• Status: Published

Opinion

NUMBER 13-06-00284-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

FRED PERLSTEIN, Appellant, v.

D. STELLER 3, LTD., Appellee. _____________________________________________________________

On appeal from the 138th District Court of Cameron County, Texas. ______________________________________________________________

MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Benavides Memorandum Opinion Per Curiam

This appeal was abated by this Court on December 21, 2006, 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 April 30, 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 11th day of June, 2009.