Howard Grant v. Steve Walton

• Court: Court of Appeals of Texas
• Decided: August 20, 2009
• Docket: 14-98-00236-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 20, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-98-00236-CV

HOWARD GRANT, Appellant

V.

STEVE WALTON, Appellee

On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 95-47199

M E M O R A N D U M  O P I N I O N

On June 11, 2008, this court abated this appeal because appellant Howard Grant petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 98-31434-H1-7.   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 February 15, 2006.  The parties failed to advise this court of the bankruptcy court action.

On July 16, 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 Justices Yates, Frost and Brown.