Teresa J. Budzyn v. Citibank (South Dakota), N.A.--Appeal from Co Civil Ct at Law No 3 of Harris County (per curiam)

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Opinion issued October 20, 2011. In The Court of Appeals For The First District of Texas NO. 01-08-00211-CV TERESA J. BUDZYN, Appellant V. CITIBANK (SOUTH DAKOTA), N.A., Appellee On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 834504 MEMORANDUM OPINION We dismiss this appeal for want of prosecution. On May 19, 2010, we abated this case because appellant, who was a defendant in the trial court, filed a suggestion of bankruptcy. On June 27, 2011, we advised the parties that the Court had learned from the bankruptcy court s information service that the bankruptcy case was ordered closed on May 18, 2010 and that, unless a party to the appeal filed a motion to retain by July 18, 2011, the appeal would be reinstated and dismissed for want of prosecution. A motion to retain has not been filed. Accordingly, we reinstate the appeal on our active docket, and we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b), (c). PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Huddle. 2

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