In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-05-00161-CV ____________________ eMACHINES, INC., EM HOLDINGS, INC., EMPIRE ACQUISITION CORPORATION, AND TRIGEM COMPUTER, INC., Appellants V. DAVID PACKARD, PACKARD, PACKARD & LAPRAY, AND JOHN HOCK, Appellees _______________________________________________________ ______________ On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-165,336 ________________________________________________________ _____________ ORDER On June 25, 2005, we abated this accelerated appeal on a suggestion of bankruptcy. See Tex. R. App. P. 8. David Packard, Packard, Packard & LaPray, and John Hock desire to dismiss their cause of action against TriGem Computer, Inc. On January 10, 2013, we reinstated the appeal as to eMachines, Inc., EM Holdings, Inc. and Empire Acquisition Corporation, and remanded the case to the trial court for further proceedings related to settlement. On August 15, 2013, eMachines, Inc., EM Holdings,

Inc. and Empire Acquisition Corporation, joined by the appellees, David Packard, Packard, Packard & LaPray, and John Hock, filed a motion to dismiss the appeal. The appellees desire to dismiss the underlying cause of action against TriGem Computer, Inc. We reinstate the appeal of TriGem Computer, Inc. See Tex. R. App. P. 8.3. We abate the accelerated appeal as to TriGem Computer, Inc. and remand the case to the trial court for the purpose of dismissing the cause of action against TriGem Computer, Inc. The appeal of TriGem Computer, Inc. will be dismissed as moot when the Court receives a copy of the trial court’s order of dismissal or non-suit. See Tex. R. App. P. 29.5.

ORDER ENTERED August 29, 2013.

PER CURIAM

Before McKeithen, C.J., Kreger and Burgess, 1 JJ.

The Honorable Don Burgess, sitting by assignment pursuant to Tex. Gov’t Code Ann. § 74.003(b) (West 2013).