McVay, Earl v. Kahla, Joe

• Court: Court of Appeals of Texas
• Decided: January 7, 2010
• Docket: 14-88-00375-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 7, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-88-00375-CV

EARL MCVAY, Appellant

V.

JOE KAHLA, ET AL, Appellees

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 87CV0525

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 January 7, 1988.  On August 25, 1988, this court abated this appeal because appellee/cross-appellant Eugene Tompkins, petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 88-06216-G5-7.  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 January 19, 2001.  The parties failed to advise this court of the bankruptcy court action.

            On December 3, 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 reinstate the appeal and order it dismissed.

                                                                        PER CURIAM

Panel consists of Justices Frost, Boyce, and Sullivan.