Jose Santiago and Amelia Santiago v. Walmart Stores Inc., Walmart Supercenter, Store 849, THe Chemins Company, Inc. and Metabolife International, Inc.

• Court: Court of Appeals of Texas
• Decided: December 31, 2009
• Docket: 14-05-00477-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 31, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00477-CV

JOSE SANTIAGO AND AMELIA SANTIAGO, Appellants

V.

WALMART STORE, INC., WALMART SUPERCENTER, STORE #849, THE CHEMINS COMPANY, INC. AND METABOLIFE INTERNATIONAL, INC., Appellees

On Appeal from the 280th District Court

 Harris County, Texas

Trial Court Cause No. 03-30849

M E M O R A N D U M  O P I N I O N

            This is an appeal from a judgment signed February 8, 2005.  On September 15, 2005, this court abated the appeal because appellee, Metabolife International, Inc., petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of California, under cause number 05-06040-JH11.  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 May 13, 2009.  The parties failed to advise this court of the bankruptcy court action.

            On November 19, 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 lift the abatement, reinstate the appeal, and dismiss the appeal.

                                                                        PER CURIAM

Panel consists of Justices Frost, Boyce, and Sullivan.