                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-05-00161-CV
                            ____________________

   eMACHINES, INC., EM HOLDINGS, INC., EMPIRE ACQUISITION
     CORPORATION, AND TRIGEM COMPUTER, INC., Appellants

                                          V.

          DAVID PACKARD, PACKARD, PACKARD & LAPRAY,
                    AND JOHN HOCK, Appellees
_______________________________________________________              ______________

                    On Appeal from the 172nd District Court
                           Jefferson County, Texas
                          Trial Cause No. E-165,336
________________________________________________________              _____________

                                      ORDER

      On June 25, 2005, we abated this accelerated appeal on a suggestion of

bankruptcy. See Tex. R. App. P. 8. David Packard, Packard, Packard & LaPray, and

John Hock desire to dismiss their cause of action against TriGem Computer, Inc. On

January 10, 2013, we reinstated the appeal as to eMachines, Inc., EM Holdings, Inc. and

Empire Acquisition Corporation, and remanded the case to the trial court for further

proceedings related to settlement. On August 15, 2013, eMachines, Inc., EM Holdings,


                                          1
Inc. and Empire Acquisition Corporation, joined by the appellees, David Packard,

Packard, Packard & LaPray, and John Hock, filed a motion to dismiss the appeal. The

appellees desire to dismiss the underlying cause of action against TriGem Computer, Inc.

       We reinstate the appeal of TriGem Computer, Inc. See Tex. R. App. P. 8.3. We

abate the accelerated appeal as to TriGem Computer, Inc. and remand the case to the trial

court for the purpose of dismissing the cause of action against TriGem Computer, Inc.

The appeal of TriGem Computer, Inc. will be dismissed as moot when the Court receives

a copy of the trial court’s order of dismissal or non-suit. See Tex. R. App. P. 29.5.

       ORDER ENTERED August 29, 2013.


                                                                     PER CURIAM


Before McKeithen, C.J., Kreger and Burgess, 1 JJ.




       1
      The Honorable Don Burgess, sitting by assignment pursuant to Tex. Gov’t
Code Ann. § 74.003(b) (West 2013).
                                             2
