Rueben and Nicole Casarez v. Robert Stoll

• Court: Court of Appeals of Texas
• Decided: March 8, 2007
• Docket: 14-05-00829-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 8, 2007

Dismissed and Memorandum Opinion filed March 8, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00829-CV

RUEBEN and NICOLE CASAREZ, Appellants

V.

ROBERT STOLL, Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 04-13358

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 July 15, 2005.  Appellee, Robert Stoll, had petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 05-82713.  Because a stay is automatically effected by Section 362(a) of the Bankruptcy Code, we stayed all proceedings in the appeal.  See Tex. R. App. P. 8.2.

On January 9, 2007, the court was notified that appellee Robert Stoll was granted a discharge under the bankruptcy code, and his case has been closed.  A certified copy of the discharge order was provided to this court.  Accordingly, on February 1, 2007, we reinstated this appeal.^[1]  No briefs have been filed in this appeal.  When the appeal was reinstated, the court notified the parties that unless any party filed a response by February 15, 2007, demonstrating grounds for continuing this appeal, the court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  No response was filed.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 8, 2007.

Panel consists of Chief Justice Hedges and Justices Fowler and Edelman.

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^[1]  Appellants= appeal against Alltec Construction Co., Inc. remains pending before this court under the severed case number 14-07-00068-CV.