K & K Vintage Motorcars, L.C. and Ken Daugherty v. Mel Jacobs

• Court: Court of Appeals of Texas
• Decided: March 18, 2010
• Docket: 14-05-00553-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 18, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00553-CV

K & K VINTAGE MOTORCARS, L.C.

and KEN DAUGHERTY, Appellants

V.

MEL JACOBS, Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 02-03556

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 April 21, 2004.  On June 9, 2005, this court abated this appeal because appellant K & K Vintage Motorcars, L.C. petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 04-43406-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 September 6, 2006. The parties failed to advise this court of the bankruptcy court action.

            On February 11, 2010, 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 Chief Justice Hedges and Justices Anderson and Christopher.