Celebration Computer Systems, Inc. v. MCI/World Com, Inc. F/K/A WORLDCOM Technologies, Inc. ( 2004 )

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Celebration Computer Systems, Inc.

            Appellant

Vs.                  No. 11-02-00227-CV -- Appeal from Dallas County

MCI/World Com, Inc. f/k/a WORLDCOM Technologies, Inc.

            Appellee

            MCI/World Com, Inc. f/k/a WORLDCOM Technologies, Inc. filed a suggestion of bankruptcy in this court in 2002. The appeal was abated pursuant to TEX.R.APP.P. 8. On November 9, 2004, MCI filed in this court a motion to dismiss the appeal stating that Celebration Computer Systems, Inc. had never filed a proof of claim in the bankruptcy court and that the bankruptcy court’s order confirming the joint plan for reorganization discharged claims against MCI and permanently enjoined any action against MCI outside of bankruptcy court. MCI concludes that the pending appeal is moot.

            The motion is granted, and the appeal is dismissed.

                                                                                                PER CURIAM

November 24, 2004

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.