Tropics Hotel, Ltd. v. Msci 1998-Cfi McAllen Lodging Limited Partnership ( 2008 )


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    NUMBER 13-05-593-CV



    COURT OF APPEALS



    THIRTEENTH DISTRICT OF TEXAS



    CORPUS CHRISTI - EDINBURG




    TROPICS HOTEL, LTD.

    , APPELLANT,

    v.



    MSCI 1998-CFI McALLEN LODGING LIMITED

    PARTNERSHIP, APPELLEE.




    On Appeal from the 370th District Court

    of Hidalgo County, Texas.




    MEMORANDUM OPINION


    Before Justices Yañez, Rodriguez, and Vela

    Memorandum Opinion Per Curiam

    This appeal was abated by this Court on December 29, 2005, due to the bankruptcy of one of the parties on appeal. See 11 U.S.C. § 362; see generally Tex. R. App. P. 8. On February 21, 2007, the Court notified the parties that the appeal would be reinstated upon the filing of a proper motion to reinstate. The parties failed to file a motion to reinstate.

    On April 17, 2008, this Court ordered the parties to file an advisory within fourteen days regarding the status of the appeal and, if applicable, a motion to reinstate the appeal or a motion to dismiss the appeal. The Court notified the parties that failure to respond to this order would result in reinstatement and dismissal of the appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c). The parties failed to respond to this directive. On May 12, 2008, the Court reinstated the appeal.

    The Court, having fully examined and considered the documents on file and the parties' failure to respond to this Court's notices and directives, is of the opinion that the appeal should be dismissed for want of prosecution. See Tex. R. App. P. 42.3(b),(c). Accordingly, the appeal is DISMISSED for want of prosecution. See id.



    PER CURIAM  





    Memorandum Opinion delivered and filed this

    the 5th day of June, 2008.



Document Info

Docket Number: 13-05-00593-CV

Filed Date: 6/5/2008

Precedential Status: Precedential

Modified Date: 9/11/2015