                            NUMBER 13-04-00001-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

JIMMY GARCIA,                                                               Appellant,

                                           v.

LA PALETERA FRANCHISE SYSTEMS,
INC. AND EMERITA SALAZAR,                           Appellees.
_____________________________________________________________

              On appeal from the 24th District Court
                    of Victoria County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

                   Before Justices Rodriguez, Garza, and Vela
                       Memorandum Opinion Per Curiam

      This appeal was abated by this Court on May 13, 2004, 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 January 15, 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 the 26th day of February, 2009.




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