Scott, Harold L. v. Delgado, Frank

• Court: Court of Appeals of Texas
• Decided: December 31, 2009
• Docket: 14-97-00161-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 31, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-97-00161-CV

HAROLD L. SCOTT, Appellant

V.

FRANK DELGADO, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 640,247

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 December 31, 1996.  On June 12, 1997, this court abated the appeal because appellant petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 97-41445.  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 April 29, 1998.  The parties failed to advise this court of the bankruptcy court action.

On November 19, 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 Yates, Seymore, and Brown.