Federated Financial Company, Successor-in-Interest and Assignee

of Franklin Federal Bankcorp., a Federal Savings Bank, Appellee

In January 1998, this Court received notice that appellant Israel Fogiel had filed for bankruptcy protection and his appeal was stayed by the automatic stay. ⁽¹⁾ See generally 11 U.S.C. § 362 (1988); Tex. R. App. P. 8. Accordingly, cause 3-97-326-CV became inactive on this Court's docket. See Tex. R. App. P. 8.2. On June 11, 1999, this Court received an order from the bankruptcy court. The bankruptcy court found that all parties except for Federated Financial Company had abandoned any interest in the disputed funds that were the subject of this appeal and awarded these funds to Federated Financial. The bankruptcy court further found that this appeal was unnecessary for the administration of the bankruptcy estate, lifted the automatic stay and directed that this appeal be dismissed.

It has been more than ten days since our receipt of this order. No party has objected. Accordingly, we reinstate cause 3-97-326-CV as an active cause on our docket and dismiss the appeal. See Tex. R. App. P. 8.3(a).

Before Chief Justice Aboussie, Justices Kidd and Patterson

Dismissed

Filed: July 15, 1999

Do Not Publish

1. Case No. 97-56525-RBK, Chapter 7, Bankruptcy Court, Western District of Texas, San Antonio Division.