                             NUMBER 13-10-00410-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

JIM BATY HOMES, L. P., JIM BATY
CUSTOM HOMES, AND JIM BATY,                                                 Appellants,

                                            v.

PROSPERITY BANK,                                    Appellee.
____________________________________________________________

              On Appeal from the 40th District Court
                    of Ellis County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION
           Before Chief Justice Valdez and Justices Garza and Vela
                      Memorandum Opinion Per Curiam

      This appeal was abated by this Court on October 27, 2010, 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 May 4, 2012, 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


Delivered and filed the
21st day of June, 2012.




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