                                       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 30, 2005, the Court abated this accelerated appeal on a suggestion of

bankruptcy. See Tex. R. App. P. 8. On December 21, 2012, appellants eMachines, Inc.,

EM Holdings, Inc., and Empire Acquisition Corporation, filed a joint motion with

appellees David Packard, Packard, Packard & LaPray, and John Hock (1) to reinstate the

appeal with respect to eMachines, Inc., EM Holdings, Inc., and Empire Acquisition

Corporation, (2) to abate the appeal pending remand, and (3) to remand the case to the


                                          1
trial court for entry of orders effectuating the parties’ agreement on the procedure

necessary to resolve the class certification issues made the basis of this appeal. See Tex.

R. App. P. 42.1(a)(2)(C).

       The appeal of eMachines, Inc., EM Holdings, Inc., and Empire Acquisition

Corporation is hereby reinstated. We remand the case to the trial court for the signing and

entry of orders effectuating the parties’ agreement regarding the class certification. The

appeal is abated while the case is before the trial court. Pursuant to our order of June 30,

2005, the appeal of TriGem Computer, Inc. remains abated until reinstated by order of

this Court upon motion to reinstate filed by any interested party.

       ORDER ENTERED January 10, 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 2005).
                                             2
