NUMBER 13-05-00092-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ YOUNG'S PROPANE, INC. AND DANA YOUNG, Appellants, v. G.B.T. EXPLORATION, INC., D/B/A FLEET PROPANE, INC., Appellee. _____________________________________________________________ On appeal from the 164th District Court of Harris County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam This appeal was abated by this Court on March 3, 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.

Appellee responded to the order by informing the Court that they do not object to this appeal being dismissed. 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 the 21st day of May, 2009.