Court of Civil Appeals of Texas, 2010

Gerald W. Johnson, M.D. and Lana Davis v. Earl Newsome and Gail Newsome, Individually and as Sole Heirs of Jill Newsome

Gerald W. Johnson, M.D. and Lana Davis v. Earl Newsome and Gail Newsome, Individually and as Sole Heirs of Jill Newsome
Court of Civil Appeals of Texas · Decided December 23, 2010

Gerald W. Johnson, M.D. and Lana Davis v. Earl Newsome and Gail Newsome, Individually and as Sole Heirs of Jill Newsome

Opinion

Dismissed and Memorandum Opinion filed December 23, 2010.

 

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-97-00526-CV

____________

 

GERALD W. JOHNSON, M.D. and LANA DAVIS, Appellants

 

V.

 

EARL NEWSOME and GAIL NEWSOME,

Individually and as sole heirs of JILL NEWSOME, Appellees

 

 


On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 79-42525-H

 

 

 


M E M O R A N D U M   O P I N I O N

            This is an appeal from a judgment signed April 16, 1997.  On November 20, 1997, this court abated this appeal because appellant Gerald W. Johnson, M.D. petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 97-51245-H1-11.  See Tex. R. App. P. 8.2. 

Through the Public Access to Court Electronic Records (PACER) system, the court has learned that the bankruptcy case was closed on December 9, 1999.  The parties failed to advise this court of the bankruptcy court action.

            On November 18, 2010, this court issued an order stating that unless any party to the appeal filed a motion demonstrating good cause to retain the appeal within twenty days of the date of the order, this appeal would be dismissed for want of prosecution.  See Tex. R. App. P. 42.3(b).  No response was filed. 

            Accordingly, we reinstate the appeal and order it dismissed.

 

                                                                        PER CURIAM

 

Panel consists of Chief Justice Hedges and Justices Yates and Jamison.

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