McVay, Earl v. Kahla, Joe, Et Al--Appeal from 10th District Court of Galveston County

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Dismissed and Memorandum Opinion filed January 7, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-88-00375-CV ____________ EARL MCVAY, Appellant V. JOE KAHLA, ET AL, Appellees On Appeal from the 10th District Court Galveston County, Texas Trial Court Cause No. 87CV0525 MEMORANDUM OPINION This is an appeal from a judgment signed January 7, 1988. On August 25, 1988, this court abated this appeal because appellee/cross-appellant Eugene Tompkins, petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 88-06216-G5-7. 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 January 19, 2001. The parties failed to advise this court of the bankruptcy court action. On December 3, 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 Frost, Boyce, and Sullivan. 2

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