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ROCK HARD, INC. F/K/A SIMPSON-MANN, INC., Appellant,

WENONAH SOCKWELL, INDEPENDENT EXECUTRIX

OF THE ESTATE OF L. JOE SOCKWELL, DECEASED, Appellee.

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Memorandum Opinion Per Curiam

This appeal was abated by this Court on September 30, 1999, 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 16, 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 parties responded to the order by informing the Court that the case should be reinstated and dismissed for want of prosecution. 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.