Pflugerville Fox Run Limited Partnership, Pflugerville Metairie Limited Partnership and Pflugerville Covington Limited Partnership// Staz-On Roofing, Inc. v. Midway Fabrication & Supply, Inc. J. Mitchell Builders, Inc. Staz-On Roofing, Inc. Atrium Aluminum Products Gypsum Floors of Texas Candido Escobar Dena Escobar, Individually and D/B/A Double J Roofing and D/B/A Escobar Roofing

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00597-CV

Pflugerville Fox Run Limited Partnership, Pflugerville Metairie Limited Partnership and Pflugerville Covington Limited Partnership, Appellants // Staz-On Roofing, Inc., Cross-Appellants

v.

Midway Fabrication & Supply, Inc.; J. Mitchell Builders, Inc.; Staz-On Roofing, Inc.;

Atrium Aluminum Products; Gypsum Floors of Texas; Candido Escobar and Dena Escobar, individually and d/b/a Double J Roofing and d/b/a Escobar Roofing, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT NO. D-1-GN-07-001909, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

MEMORANDUM OPINION

On March 11, 2010, this appeal was abated pursuant to a notice that appellee Atrium Aluminum Products was in bankruptcy proceedings. See 11 U.S.C. § 362(a) (West 2004); Tex. R. App. P. 8.2. The appellants have filed a motion to reinstate and dismiss the appeal, noting that the parties, with the exception of Atrium Aluminum Products, have reached a settlement agreement. The appellants seek to voluntarily dismiss their claims against Atrium Aluminum Products in order to dismiss this appeal in its entirety. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1; see also Darr v. Altman, 20 S.W.3d 802, 807 (Tex. App.—Houston [14th Dist.] 2000, no pet.) (collecting cases and holding that dismissal of defendant/debtor does not violate bankruptcy stay).

_____________________________________________

Diane M. Henson, Justice

Before Chief Justice Jones, Justices Patterson and Henson Dismissed on Appellants’ Motion Filed: November 5, 2010