Pamela Gale Johnson, Trustee and Plaza at San Jacinto Park, Ltd. v. Helm Companies ( 2005 )

Opinion issued February 25, 2005

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-03-01110-CV

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PAMELA GALE JOHNSON, CHAPTER 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF STEPHEN C. HELM; STEPHEN C. HELM, GREEN MEADOWS GENERAL CORP.; WOOD HOLLOW PARTNERS, LTD.; WOODHOLLOW GENERAL CORP.; SHADY CREEK GENERAL CORP.; PLAZA AT SAN JACINTO PARK, LTD.; PLAZA GENERAL CORP.; RESERVE AT AUTUMN CREEK, LTD; 212 RESERVE GENERAL CORP.; HORIZON RESIDENTIAL, INC.; AND WATERFORD GP MANAGEMENT CORP., Appellants

V.

HELM COMPANIES, Appellee

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On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2001-62744

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MEMORANDUM OPINION  

          By order dated September 1, 2004, we dismissed the appeal of Stephen C. Helm; Green Meadows General Corp.; Wood Hollow Partners, Ltd; Wood Hollow Gerneral Corp.; Shady Creek General Corp.; Plaza General Corp.; Reserve at Autumn Creek, Ltd; 212 Reserve General Corp.; Horizon Residential, Inc.; and Waterford GP Management Corp., leaving as the only two remaining appellants, Pamela Gale Johnson, Chapter 7 Trustee for the Bankruptcy Estate of Stephen C. Helm and Plaza at San Jacinto Park, Ltd.

          On November 10, 2004, we granted the motion to dismiss the appeal of Pamela Gale Johnson, Chapter 7 Trustee for the Bankruptcy Estate of Stephen C. Helm, leaving Plaza at San Jacinto Park, Ltd. as the sole remaining appellant versus the appellee, Helm Companies. Appellant Plaza at San Jacinto Park, Ltd. has failed to timely file a brief. See Tex. R. App. P. 38.8(a) (failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellant Plaza at San Jacinto Park, Ltd. did not respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case). Plaza at San Jacinto Park, Ltd.’s appeal is dismissed for want of prosecution for failure to timely file a brief.

          The entire appeal is now dismissed.

          Any pending motions are denied as moot.

PER CURIAM

Panel consists of J. Nuchia, Jennings, and Alcala.