Charles L. Sowell, Jack C. Ogg and James W. Rush v. Resolution Trust Corporation, Receiver of University Savings Association ( 2009 )

Dismissed and Memorandum Opinion filed December 31, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-92-00320-CV

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CHARLES L. SOWELL, JACK C. OGG AND JAMES W. RUSH, Appellants

V.

RESOLUTION TRUST CORPORATION, RECEIVER OF UNIVERSITY SAVINGS ASSOCIATION, Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 86-42460

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed December 4, 1991. On June 27, 1996, this court abated the appeal because appellant, James W. Rush, petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 96-05-122-PHXCGC.  See Tex. R. App. P. 8.2. 

Through the Public Access to Court Electronic Records (PACER) system, the court has learned that the bankruptcy case was closed on October 5, 1998.  The parties failed to advise this court of the bankruptcy court action.

On November 19, 2009, this court issued an order stating that unless any party to the appeal filed a motion demonstrating good cause to retain the appeal within twenty days of the date of the order, this appeal would be dismissed for want of prosecution.  See Tex. R. App. P. 42.3(b).  No response was filed. 

Accordingly, we reinstate the appeal and order it dismissed.

PER CURIAM

Panel consists of Justices Yates, Seymore, and Brown.