BodyBilt, Inc. and Ernest Nycz v. Neutral Posture, Inc.--Appeal from 85th District Court of Brazos County

Dismissed and Memorandum Opinion filed October 12, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-03-00169-CV

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BODYBILT, INC. and ERNEST NYCZ, Appellants

V.

NEUTRAL POSTURE, INC., Appellee

On Appeal from the 85th District Court

Brazos County, Texas

Trial Court Cause No. 54308-CV

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 November 6, 2002. Appellant, BodyBilt, Inc., had petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Northern District of Texas, under cause number 03-31997. Because a stay is automatically effected by Section 362(a) of the Bankruptcy Code, on October 16, 2003, we stayed all proceedings in the appeal. See Tex. R. App. P. 8.2.

On August 16, 2006, appellee filed a motion to reinstate the appeal and dismiss for want of prosecution. With the motion, appellee provided documentation to demonstrate that appellant=s bankruptcy was discharged on July 22, 2005. Appellant has taken no action since that date to reinstate the appeal.

Accordingly, on August 31, 2006, we granted appellee=s motion in part, ordered the appeal reinstated, and placed it on the court=s active docket. We further ordered that unless appellants responded to this court=s order within fifteen days and demonstrated grounds for continuing the appeal, the appeal would be dismissed. Appellants filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 12, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Seymore.