Roger Muniz v. Unique Integrated Energy, LLC Appeal from 238th District Court of Midland County (memorandum opinion per curiam)

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Opinion filed May 17, 2018 In The Eleventh Court of Appeals __________ No. 11-13-00310-CV __________ ROGER MUNIZ, Appellant V. UNIQUE INTEGRATED ENERGY, LLC, Appellee On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CV49674 MEMORANDUM OPINION Appellant, Roger Muniz, filed an accelerated appeal from a temporary injunction. The trial court had enjoined Appellant from continuing to engage in the business affairs of Intervenor/Defendant, RoxWell Performance Drilling, LLC, for which the trial court subsequently appointed a receiver. We abated the appeal in 2013 when Appellant notified us that RoxWell had filed a voluntary petition seeking bankruptcy protection under Chapter 11 of the United States Bankruptcy Code. See TEX. R. APP. P. 8.1, 8.2. After years of attempting to obtain information from Appellant regarding the status of RoxWell’s bankruptcy, and after receiving information from Appellee, Unique Integrated Energy, LLC, regarding the status of RoxWell’s bankruptcy, this court notified Appellant that this appeal may be dismissed if Appellant did not respond and show grounds to continue the appeal. See TEX. R. APP. P. 42. Appellant has not filed a response. Appellee informed this court that the bankruptcy court had issued a final decree closing RoxWell’s bankruptcy proceeding in 2016 and that RoxWell had not only been liquidated during that proceeding but had also been terminated as an entity by the bankruptcy trustee. Appellee provided this court with pertinent documents that support Appellee’s assertions. Appellee also suggested that this appeal “would now appear to be moot.” We agree. Accordingly, we dismiss this appeal. See Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). The appeal is dismissed. PER CURIAM May 17, 2018 Panel consists of: Willson, J., Bailey, J., and Wright, S.C.J.1 1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment. 2

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