Metabolife International v. Rhea McAllister--Appeal from 295th District Court of Harris County

Dismissed and Memorandum Opinion filed December 21, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-04-00990-CV

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METABOLIFE INTERNATIONAL, INC., Appellant

V.

RHEA MCALLISTER, Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 01-30831-A

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed August 23, 2005. Appellant, Metabolife International, Inc., had petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of California, under cause number 05-06040-JH11. Because a stay is automatically effected by Section 362(a) of the Bankruptcy Code, we stayed all proceedings in the appeal. See Tex. R. App. P. 8.2.

On December 12, 2006, the parties filed an agreed motion to lift the bankruptcy stay and an agreed motion to dismiss the appeal in order to effectuate a compromise and settlement agreement. See Tex. R. App. P. 42.1. The motions are granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 21, 2006.

Panel consists of Justices Frost, Seymore, and Guzman.