Court of Civil Appeals of Texas, 2010

Ernest E. Leavitt and Company, P.C. v. Bill W. Henderson, DDS., Inc., and Bill W. Henderson, Individually

Ernest E. Leavitt and Company, P.C. v. Bill W. Henderson, DDS., Inc., and Bill W. Henderson, Individually
Court of Civil Appeals of Texas · Decided January 7, 2010

Ernest E. Leavitt and Company, P.C. v. Bill W. Henderson, DDS., Inc., and Bill W. Henderson, Individually

Opinion

Dismissed and Memorandum Opinion filed January 7, 2010.

 

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-07-00388-CV

____________

 

ERNEST E. LEAVITT AND COMPANY, P.C., Appellant

 

V.

 

BILL W. HENDERSON, DDS and BILL W. HENDERSON, Individually, Appellees

 

 

 


On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2005-20619

 

 

 


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 February 15, 2007. On July 3, 2008, this court abated this appeal because appellees, BILL W. HENDERSON DDS, INC. and BILL W. HENDERSON, INDIVIDUALLY, petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 08-33377. 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 February 17, 2009. The parties failed to advise this court of the bankruptcy court action.

            On November 19, 2009, 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 Anderson and Seymore.

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