Opinion issued May 28, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00005-CV

BENNIE RUCKER, INDIVIDUALLY AND D/B/A LOCKWOOD MEDICAL LAB AND X-RAY, Appellant

V.

COLONIAL PACIFIC LEASING CORPORATION D/B/A GE CAPITAL COLONIAL PACIFIC LEASING, Appellee

On Appeal from the 190th District Court

Harris County, Texas

Trial Court Cause No. 0634563

MEMORANDUM OPINION

On May 3, 2007, this Court abated this appeal because one or more of the parties to the appeal, who was a defendant in the trial court, filed a suggestion of bankruptcy. ⁽¹⁾

Through the Public Access to Court Electronic Records (PACER) system, the Court has learned that the final decree in the bankruptcy proceeding was issued on January 16, 2008 and the case was closed.

On March 31, 2009, the Clerk of this Court sent notice to all parties that unless within 20 days any party to the appeal filed a motion to retain the appeal, this appeal would be reinstated and dismissed for want of prosecution.

We received no response to this letter. Therefore, we lift the abatement and reinstate the appeal, and we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3 (b) (providing that appellate courts may dismiss appeal for want of prosecution after giving 10 days' notice to all parties). Any pending motions are dismissed as moot.

PER CURIUM

Panel consists of Justices Keyes, Hanks, and Bland.

1. In re Bennie F. Rucker, Debtor, 07-33280 (Bankr. S.D. Tex. filed May 22, 2007).