Kyle McCarrell v. Cici's Pizza A/K/A Cici's Enterprises A/K/A JMC Restaurant Distribution Inc.

• Court: Court of Appeals of Texas
• Decided: October 29, 2024
• Docket: 03-20-00117-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-20-00117-CV

Kyle McCarrell, Appellant

v.

Cici’s Pizza a/k/a Cici’s Enterprises a/k/a JMC Restaurant Distribution Inc., Appellee

FROM THE 274TH DISTRICT COURT OF HAYS COUNTY NO. 19-0841, THE HONORABLE WILLIAM R. HENRY, JUDGE PRESIDING

MEMORANDUM OPINION

This Court abated this appeal in 2021 following notice of a related bankruptcy.

See Tex. R. App. P. 8.1, 8.2. Since the abatement, no party to this appeal sought reinstatement.

See id. R. 8.3. After being informed that the bankruptcy case related to this appeal is closed, 1

this Court’s clerk notified the parties that this appeal would be dismissed for want of prosecution

unless they filed a status report on or before October 21, 2024, providing reason to retain the

appeal. See id. R. 42.3(b), (c). To date, no response has been filed. Accordingly, we reinstate

the appeal and dismiss it for want of prosecution.

__________________________________________ Darlene Byrne, Chief Justice

1 We considered this appeal as part of an ongoing review of cases that were abated for bankruptcy but did not reflect a final disposition or current status report from the parties. Before Chief Justice Byrne, Justices Triana and Kelly

Dismissed for Want of Prosecution

Filed: October 29, 2024