Poffinbarger, Celia v. Barber, Agnes--Appeal from Probate Court No 1 of Harris County

Dismissed and Opinion filed March 6, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-99-00735-CV

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CELIA POFFINBARGER, Appellant

V.

AGNES BARBER, Appellee

On Appeal from the Probate Court No. 1

Harris County, Texas

Trial Court Cause No. 298,237

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 May 10, 1999. On August 23, 1999, this Court was notified appellant petitioned for voluntary bankruptcy in the United States Bankruptcy Court of the Southern District of Texas. Because a stay is automatically effected by Section 362(a) of the Bankruptcy Code, we have stayed all proceedings in the appeal. See Tex. R. App. P. 8.2. On October 21, 1999, this Court ordered the cause abated and treated as a closed case. Since the abatement, this Court has heard nothing from the parties. Accordingly, on December 31, 2002, the Court ordered appellant to notify the Court of the status of the bankruptcy proceeding within fifteen days of the date of that order. Appellant filed no response.

This Court has learned that the bankruptcy court issued a judgment of dismissal of the bankruptcy proceedings on January 11, 2002, more than a year ago. Despite this action, appellant has not filed a motion to reinstate or any other documents with this Court. Accordingly, on February 13, 2003, we issued an order stating that if appellant did not file a motion to reinstate the appeal within ten days of the date of the order, the Court would reinstate the appeal and then dismiss it on its own motion for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant did not file a motion to retain or otherwise respond to this Court=s order. Accordingly, the appeal is reinstated and ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed March 6, 2003.

Panel consists of Justices Yates, Hudson, and Frost.