Dr. Gerald W. Johnson and Lana Davis v. Earl and Gail Newsome--Appeal from 133rd District Court of Harris County

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Dismissed and Memorandum Opinion filed January 7, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-97-01288-CV ____________ DR. GERALD JOHNSON and LANA DAVIS, Appellants V. EARL and GAIL NEWSOME, Appellees On Appeal from the 133rd District Court Harris County, Texas Trial Court Cause No. 79-42525-H MEMORANDUM OPINION This is an appeal from a judgment signed October 31, 1997. On December 4, 1997, this court abated this appeal because appellant, Dr. Gerald W. Johnson, petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 97-51245-11. 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 December 9, 1999. The parties failed to advise this court of the bankruptcy court action. On November 19, 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 Chief Justice Hedges and Justices Anderson and Christopher. 2

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