John Huynh v. David A. Fettner, Court Appointed Receiver

Opinion

Dismissed and Memorandum Opinion filed October 19, 2021.

In The

Fourteenth Court of Appeals

NO. 14-17-00759-CV

JOHN HUYNH, Appellant

V. DAVID A. FETTNER, COURT APPOINTED RECEIVER, Appellee

On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2017-28276

MEMORANDUM OPINION

This is an appeal from a judgment signed July 3, 2017. On October 23, 2018, this court abated the appeal because appellant’s brother, Phung Huynh, is in bankruptcy. See Tex. R. App. P. 8.2. According to the notice received by this court, on December 20, 2017, Phung Huynh petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 17-36801. It is alleged the assets made the basis of this appeal were subject to the bankruptcy proceeding. Through the Public Access to Court Electronic Records (PACER) system, the court has learned that the bankruptcy case was closed on September 24, 2020. The parties failed to advise this court of the bankruptcy court action.

On September 14, 2021, 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 Wise, Bourliot, and Zimmerer.