eMachines, Inc., EM Holdings, Inc., Empire Acquisition Corporation, TriGem America Corporation, and TriGem Computer, Inc. v. David Packard, Packard, Packard & LaPray, and John Hock--Appeal from 172nd District Court of Jefferson County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-05-00161-CV _________________ EMACHINES, INC., EM HOLDINGS, INC., EMPIRE ACQUISITIION CORPORATION, TRIGEM AMERICA CORPORATION, AND TRIGEM COMPUTER, INC., Appellants V. DAVID PACKARD, PACKARD, PACKARD & LAPRAY, AND JOHN HOCK, Appellees ________________________________________________________________________ On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-165,336 ________________________________________________________________________ MEMORANDUM OPINION On June 30, 2005, the Court abated this appeal on a suggestion of bankruptcy. See Tex. R. App. P. 8. On May 3, 2011, appellees filed a motion to reinstate the appeal with respect to Trigem America Corporation and a motion to dismiss Trigem America Corporation ( Trigem USA ) from the appeal and the underlying action. An order of the bankruptcy court is attached to the motion to dismiss. The order approves a settlement between the Liquidating Trustee of the TGA Liquidating Trust and Packard, Packard & 1 LaPray and John Hock and orders that Trigem America Corporation be dismissed from the Texas Class Action and any appeal pending therein. No other party to this appeal has filed an objection to the granting of either of the motions that have been filed with the Court of Appeals. The appeal of Trigem America Corporation is hereby reinstated. The appeal and the cause are dismissed as to Trigem America Corporation. The appeals of the remaining appellants shall remain abated until reinstated by Order of this Court upon motion to reinstate filed by any interested party. APPEAL DISMISSED. ______________________________ STEVE McKEITHEN Chief Justice Opinion Delivered June 16, 2011 Before McKeithen, C.J., Kreger and Burgess1, JJ. 1 The Honorable Don Burgess, sitting by assignment pursuant to Tex. Gov t Code Ann. § 74.003(b) (West 2005). 2

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