EZ Postal Plus and Bilal Farahshah v. Capital One, N.A. ( 2009 )

Dismissed and Memorandum Opinion filed December 10, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00889-CV

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EZ POSTAL PLUS, INC. and BILAL FARAHSHAH, Appellants

V.

CAPITAL ONE, N.A., Appellee

On Appeal from the Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 894357

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 June 11, 2008. On May 7, 2009, this court abated this appeal because appellant, Bilal Farahsha, petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 09-32816. See Tex. R. App. P. 8.2. Through the Public Access to Court Electronic Records (PACER) system, the court learned that the bankruptcy case was closed on July 22, 2009. The parties failed to advise this court of the bankruptcy court action. Accordingly, on November 19, 2009, we ordered the parties to advise the court whether they wished to continue the appeal.

On November 30, 2009, the parties filed a joint motion to non-suit all claims and counter-claims with prejudice, which we construe as a motion to dismiss the appeal. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed with prejudice.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.