Michael Victor Miller, Ralph Fields Norwood, III and Burgers of Diamond Bar v. Hudson's Grill International Inc.

• Court: Court of Appeals of Texas
• Decided: August 7, 2002
• Docket: 07-99-00164-CV
• Status: Published

Opinion

NO. 07-99-0164-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

AUGUST 7, 2002

______________________________

MICHAEL VICTOR MILLER, RALPH FIELDS NORWOOD, III

and BURGERS OF DIAMOND BAR,

Appellants

v.

HUDSON’S GRILL INTERNATIONAL, INC.,

Appellee

_________________________________

FROM THE 101st DISTRICT COURT OF DALLAS COUNTY;

NO. 98-4455-E; HON. JOHN WHITTINGTON, PRESIDING

_______________________________

ORDER OF DISMISSAL

________________________________

Before BOYD, C.J., QUINN and REAVIS, JJ.

Michael Victor Miller, Ralph Fields Norwood, III, and Burgers of Diamond Bar appealed a default judgment entered in favor of Hudson’s Grill International, Inc.  Thereafter, the appeal was abated when the court received notice that each appellant had filed for bankruptcy.  Recently, counsel for appellants provided the court with evidence illustrating that Miller and Burgers of Diamond Bar received a discharge in bankruptcy encompassing the debt represented by the aforementioned judgment.  Hudson Grill International, Inc. did not dispute this.  Their debt having been discharged, the appeal of Miller and Burgers of Diamond Bar is moot and, therefore dismissed.  Furthermore, the cause is reinstated upon the court’s docket solely to effectuate that purpose but again abated until the status of Norwood’s bankruptcy can be determined.

It is so ordered.

Per Curiam

Do not publish.