                             NUMBER 13-97-00196-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

TIM STURM, INDIVIDUALLY, AND D/B/A
CENTERRA TUBULAR COMPANY,                                                    Appellant,

                                            v.

TUBULAR INSPECTORS, INC.,                           Appellee.
_____________________________________________________________

           On appeal from the County Court at Law No. 4
                    of Nueces County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION
             Before Justices Yañez, Rodriguez, and Benavides
                    Memorandum Opinion Per Curiam

      This appeal was abated by this Court on May 29, 1997, due to the bankruptcy of

one of the parties to this appeal. See 11 U.S.C. § 362; see generally TEX . R. APP. P. 8.

Since the abatement there has been no activity in this appeal. On April 16, 2009, 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.

       Appellee responded to the order by filing a motion to dismiss, advising the Court that

appellant was discharged in bankruptcy. Accordingly, appellee’s motion to dismiss is

GRANTED and the appeal is hereby DISMISSED. Costs will be taxed against appellant.

See TEX . R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs

against the appellant.").

                                                                        PER CURIAM

Memorandum Opinion delivered and
filed this the 4th day of June, 2009.




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