Jim Baty Homes, L. P., Jim Baty Custom Homes and Jim Baty v. Prosperity Bank

• Court: Court of Appeals of Texas
• Decided: June 21, 2012
• Docket: 13-10-00410-CV
• Status: Published

Opinion

NUMBER 13-10-00410-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JIM BATY HOMES, L. P., JIM BATY CUSTOM HOMES, AND JIM BATY, Appellants,

v.

PROSPERITY BANK, Appellee. ____________________________________________________________

On Appeal from the 40th District Court of Ellis County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

This appeal was abated by this Court on October 27, 2010, 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 May 4, 2012, 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

Delivered and filed the 21st day of June, 2012.