                            NUMBER 13-04-00541-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

RUBEN ROMERO D/B/A R & R CONSTRUCTION,                                      Appellant,
                           v.

ELSA STATE BANK & TRUST CO.,                         Appellee.
_____________________________________________________________

              On appeal from the 92nd District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

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

      This appeal was abated by this Court on January 20, 2005, 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 22, 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. The order
notified the parties that failure to respond to the order would result in reinstatement and

dismissal of the appeal for want of prosecution.

       The parties have failed to respond. Accordingly, we reinstate and dismiss the

appeal for want of prosecution. See TEX . R. APP. P. 42.3(b).


                                                                PER CURIAM

Memorandum Opinion delivered and
filed this 28th day of May, 2009.




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