Knust, David J. v. Amwest Savings Association and Bank One, Texas N. A. ( 2021 )

Dismissed and Opinion Filed April 29, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-91-01909-CV
DAVID J. KNUST, Appellant
V.
AMWEST SAVINGS ASSOCIATION, Appellee
On Appeal from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. 91-3873-K
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Smith
Opinion by Justice Molberg
We reinstate this appeal. This case was abated in January 1992 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). To date, neither party has responded.
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 the
appeal. See id. 42.3(b),(c).
/Ken Molberg/
911909f.p05 KEN MOLBERG
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DAVID J. KNUST, Appellant On Appeal from the 192nd Judicial
District Court, Dallas County, Texas
No. 05-91-01909-CV V. Trial Court Cause No. 91-3873-K.
Opinion delivered by Justice
AMWEST SAVINGS Molberg. Justices Goldstein and
ASSOCIATION, Appellee Smith participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee AMWEST SAVINGS ASSOCIATION
recover its costs, if any, of this appeal from appellant DAVID J. KNUST.
Judgment entered this 29th day of April, 2021.
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