Dismiss and Opinion Filed December 4, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-10-01544-CV AMERISOUTH V, L.P., Appellant V. WELLS FARGO BANK N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-CK1; CW CAPITAL ASSET MANAGEMENT, LLC; AND WYATT MAXWELL, Appellees On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. 10-06408 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice FitzGerald The Court has before it appellant’s December 29, 2010 unopposed motion to dismiss the appeal. Because the motion indicated that appellant had filed a bankruptcy proceeding, no action was taken on it at that time. The appeal was abated due to the bankruptcy proceeding. On September 5, 2013, appellees filed a letter stating the bankruptcy proceeding was closed following the confirmation of an Amended Plan of Reorganization as Modified for AmeriSouth.

In the letter, appellees stated it was their position the appeal is moot. Appellant did not respond to appellees’ letter. The Court reinstated the appeal and notified the parties that it would dispose of the December 29, 2010 motion to dismiss the appeal.

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.2.

/Kerry P. FitzGerald/ 101544F.P05 KERRY P. FITZGERALD JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT AMERISOUTH V, L.P., Appellant On Appeal from the 192nd Judicial District Court, Dallas County, Texas No. 05-10-01544-CV V. Trial Court Cause No. 10-06408.

Opinion delivered by Justice FitzGerald, WELLS FARGO BANK N.A., AS Justices Lang and Fillmore participating.

TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-CK1; CW CPAITAL ASSET MANAGEMENT, LLC; AND WYATT MAXWELL Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that each party bear its own costs of the appeal.

Judgment entered December 4, 2013

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE

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