FFBC Operations, LLC v. L&F Distributors, LLC and Favorite Brands, LLC

NUMBER 13-19-00094-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
FFBC OPERATORS, LLC, Appellant,
v.
L&F DISTRIBUTORS, LLC AND
FAVORITE BRANDS, LLC, Appellees.
On appeal from the 93rd District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Tijerina
Memorandum Opinion by Justice Tijerina
FFBC Operations, LLC appealed a judgment rendered against it in trial court cause
number C-2222-18-B in the 93rd District Court of Hidalgo County, Texas. On July 26,
2019, this Court abated the appeal due to the bankruptcy of one of the parties. See 11
U.S.C. § 362; TEX. R. APP. P. 8; In re Sw. Bell Tel. Co., 35 S.W.3d 602, 604 (Tex. 2000)
(orig. proceeding) (per curiam); Adeleye v. Driscal, 488 S.W.3d 498, 499 (Tex. App.—
Houston [14th Dist.] 2016, no pet.). Since the abatement, there has been no activity in
this appeal.
On February 9, 2021, the Court ordered the parties to file an advisory regarding
the status of the appeal and, if applicable, a motion to reinstate the appeal or a motion to
dismiss the appeal. The order notified the parties that the failure to respond to the order
within ten days would result in reinstatement and dismissal of the appeal for want of
prosecution. See TEX. R. APP. P. 42.3(b), (c). On February 17, 2021, appellees L&F
Distributors, LLC and Favorite Brands, LLC notified the Court that “this matter is now moot
due to a settlement in the bankruptcy proceedings.” Appellant FFBC Operations, LLC did
not respond to the Court’s directive or to the advisory filed by the appellees.
The Court, having examined and fully considered the documents on file, appellees’
advisory, and appellant’s failure to respond, is of the opinion that this matter should be
dismissed for want of prosecution. Accordingly, we reinstate the appeal, and we dismiss
the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b).
JAIME TIJERINA
Justice
Delivered and filed on the
1st day of April, 2021.
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