Larry Taylor and wife Nicole Taylor, Appellants v. TOWN SQUARE REALTY CLAY HIPSHIRE TIM RYAN AND HUNT COE

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Court of Appeals of Texas, Waco.

Larry Taylor and wife Nicole Taylor, Appellants v. Palm Harbor Homes, TOWN SQUARE REALTY, CLAY HIPSHIRE, TIM RYAN, AND HUNT COE Appellees

No. 10-10-00312-CV

Decided: February 23, 2011

Before Chief Justice Gray, Justice Davis, and Justice Scoggins

MEMORANDUM Opinion

The parties each filed a notice that Appellee Palm Harbor Homes, Inc. filed a bankruptcy proceeding on November 29, 2010.   See Tex.R.App. P. 8.1.   Further action in this appeal has been automatically stayed.   See 11 U.S.C. § 362.   This appeal has thus been suspended.   See Tex.R.App. P. 8.2.

Appellants have now filed a motion to dismiss, noting that Appellee Palm Harbor Homes, Inc. is the only appellee in this appeal 1 and stating that Appellants no longer intend to pursue their appeal against Appellee Palm Harbor Homes, Inc.

Accordingly, for the sole purpose of granting Appellants' motion to dismiss, we reinstate this appeal.   Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled.   See Tex.R.App. P. 42.1(a)(1).   The motion is granted, and the appeal is dismissed.

[CV06]

FOOTNOTES

FN1. The clerk's record has not been filed, and it is unclear whether this is an interlocutory appeal..  FN1. The clerk's record has not been filed, and it is unclear whether this is an interlocutory appeal.

REX D. DAVIS Justice

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