NUMBER 13-04-00001-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ JIMMY GARCIA, Appellant, v. LA PALETERA FRANCHISE SYSTEMS, INC. AND EMERITA SALAZAR, Appellees. _____________________________________________________________ On appeal from the 24th District Court of Victoria County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam This appeal was abated by this Court on May 13, 2004, 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 January 15, 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 the 26th day of February, 2009.