Investment Choices Corporation, Dov Avni Kaminetzky, and Howard Weiss v. Cullen Center Bank & Trust, A State Banking Association--Appeal from 129th District Court of Harris County

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Dismissed and Memorandum Opinion filed January 7, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-96-00990-CV ____________ INVESTMENT CHOICES CORPORATION, DOV AVNI KAMINETZKY, AND HOWARD WEISS, ET AL, Appellants V. CULLEN CENTER BANK & TRUST, A STATE BANKING ASSOCIATION, Appellee On Appeal from the 129th District Court Harris County, Texas Trial Court Cause No. 92-55449 MEMORANDUM OPINION This is an appeal from a judgment signed April 17, 1996. On October 9, 1997, this court abated this appeal because appellants Investment Choices Corporation, Dov Avni Kaminetzky, and Howard Weiss, petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 97-49007-H1-11. 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 June 8, 1998. 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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