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RUBEN ROMERO D/B/A R & R CONSTRUCTION, Appellant,

ELSA STATE BANK & TRUST CO., Appellee.

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Memorandum Opinion Per Curiam

This appeal was abated by this Court on January 20, 2005, due to the bankruptcy of one of the parties to this appeal. See 11 U.S.C. § 362; see generally Tex. R. App. P. 8. Since the abatement there has been no activity in this appeal. On April 22, 2009, the Court ordered the parties to file an advisory regarding the status of the appeal and, if applicable, a motion to reinstate the appeal or a motion to dismiss the appeal. The order notified the parties that failure to respond to the order would result in reinstatement and dismissal of the appeal for want of prosecution.

The parties have failed to respond. Accordingly, we reinstate and dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

PER CURIAM

Memorandum Opinion delivered and

filed this 28th day of May, 2009.