the Texas Ranger Oil Company v. Alamo Fluids, Inc. ( 2021 )

DISMISS and Opinion Filed May 3, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-84-01137-CV
THE TEXAS RANGER OIL COMPANY, Appellant
V.
ALAMO FLUIDS, INC., Appellee
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 84-4064-F
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Garcia
Opinion by Justice Garcia
We reinstate this appeal. This case was abated in 1985 due to bankruptcy. See
TEX. R. APP. P. 8.2. The Court conducted an independent review of the federal Public
Access to Court Electronic Records (PACER) system; however, nothing on that
system indicated that a bankruptcy case was still pending.
We then notified the parties by letter, requesting they inform the Court of the
status of the bankruptcy and of this appeal. We cautioned that the failure to respond
would result in the appeal being dismissed for want of prosecution. See id.
42.3(b),(c). The letters to appellant’s attorneys were returned because the addresses
were no longer current. Appellant’s counsel has not withdrawn from representation
and has failed to provide the Court with an up-to-date address. See TEX. R. APP. P.
6.5; 5th Tex. App. (Dallas) Loc. R. 2.
Because we gave the parties an opportunity to show why we should not
dismiss the appeal for want of prosecution and no one responded, we dismiss this
appeal. See id. 42.3(b),(c); Brewer v. Admiral Ins. Co., 2002 WL 31312990, at *1
(Tex. App.—Dallas Oct. 16, 2002, no writ) (per curiam) (not designated for
publication).
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
841137F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
THE TEXAS RANGER OIL On Appeal from the 116th Judicial
COMPANY, Appellant District Court, Dallas County, Texas
Trial Court Cause No. 84-4064-F.
No. 05-84-01137-CV V. Opinion delivered by Justice Garcia.
Justices Myers and Partida-Kipness
ALAMO FLUIDS, INC., Appellee participating.
In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.
Judgment entered May 3, 2021
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