Rosa Imelda Rivera, Eduardo Cavazos Montemayor, and Marcela Montemayor v. Pat L. Pace and Mary Joe Pace

• Court: Court of Appeals of Texas
• Decided: March 12, 2009
• Docket: 13-04-00035-CV
• Status: Published

Opinion

NUMBER 13-04-00035-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

ROSA IMELDA RIVERA, EDUARDO CAVAZOS MONTEMAYOR, AND MARCELA MONTEMAYOR, Appellants,

v.

PAT L. PACE AND MARY JOE PACE, ET AL., Appellees. _____________________________________________________________

On appeal from the 357th District Court of Cameron County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam

This appeal was abated by this Court on June 3, 2004, due to the bankruptcy of one

of the parties to this appeal. See 11 U.S.C. § 362; see generally TEX . R. APP. P. 8. Since

the abatement there has been no activity in this appeal. On February 5, 2009, the Court ordered the parties to file an advisory regarding the status of the appeal and, if applicable,

a motion to reinstate the appeal or a motion to dismiss the appeal.

Appellants responded to the order by informing the Court that they no longer desire

to prosecute their appeal and the case should be reinstated and dismissed for want of

prosecution. Accordingly, we reinstate and dismiss the appeal for want of prosecution.

See TEX . R. APP. P. 42.3(b).

PER CURIAM

Memorandum Opinion delivered and filed this the 12th day of March, 2009.