Rafael Molina v. Jessica Battes-Grabowski, Jessica Battes ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00308-CV
___________________________
RAFAEL MOLINA, Appellant
V.
JESSICA BATTES-GRABOWSKI, JESSICA BATTES, Appellee
On Appeal from the 96th District Court
Tarrant County, Texas
Trial Court No. 096-298864-18
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
After Rafael Molina appealed from the trial court’s order dismissing his suit
against Jessica Battes-Grabowski in accordance with the Texas Citizens Participation
Act, Molina filed a petition for bankruptcy in federal court. We therefore stayed this
appeal on January 29, 2019. See Tex. R. App. P. 8.2.
On August 21, 2019, Battes-Grabowski filed a motion in this court seeking to
reinstate the appeal because the bankruptcy court had rendered a discharge order and
closed the case in May 2019. See Tex. R. App. P. 8.3(a). She also moved this court to
dismiss the reinstated appeal for want of prosecution because Molina had not sought
to reinstate his appeal in the three months since the bankruptcy court closed his case.
In her certificate of conference, Battes-Grabowski noted that Molina had not
indicated whether he opposed the motion.
Molina has not responded to Battes-Grabowski’s motion in this court. We
therefore grant the motion, reinstate the appeal, and dismiss it for want of
prosecution. See Tex. R. App. P. 8.3(a), 42.3(b); Parker v. Parker, No. 01-13-00774-CV,
2018 WL 285107, at *1 (Tex. App.––Houston [1st Dist.] Jan. 4, 2018, no pet.) (mem.
op.) (per curiam).
Per Curiam
Delivered: September 26, 2019
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