Tropics Hotel, Ltd. v. Msci 1998-Cfi McAllen Lodging Limited Partnership

• Court: Court of Appeals of Texas
• Decided: June 5, 2008
• Docket: 13-05-00593-CV
• Status: Published

Opinion

NUMBER 13-05-593-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

TROPICS HOTEL, LTD.

, APPELLANT,

v.

MSCI 1998-CFI McALLEN LODGING LIMITED

PARTNERSHIP, APPELLEE.

On Appeal from the 370th District Court

of Hidalgo County, Texas.

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Vela

Memorandum Opinion Per Curiam

This appeal was abated by this Court on December 29, 2005, due to the bankruptcy of one of the parties on appeal. See 11 U.S.C. § 362; see generally Tex. R. App. P. 8. On February 21, 2007, the Court notified the parties that the appeal would be reinstated upon the filing of a proper motion to reinstate. The parties failed to file a motion to reinstate.

On April 17, 2008, this Court ordered the parties to file an advisory within fourteen days regarding the status of the appeal and, if applicable, a motion to reinstate the appeal or a motion to dismiss the appeal. The Court notified the parties that failure to respond to this order would result in reinstatement and dismissal of the appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c). The parties failed to respond to this directive. On May 12, 2008, the Court reinstated the appeal.

The Court, having fully examined and considered the documents on file and the parties' failure to respond to this Court's notices and directives, is of the opinion that the appeal should be dismissed for want of prosecution. See Tex. R. App. P. 42.3(b),(c). Accordingly, the appeal is DISMISSED for want of prosecution. See id.

PER CURIAM

Memorandum Opinion delivered and filed this

the 5th day of June, 2008.