Charles A. Cross and Cathleen Cross Sexton v. H. W. Beutel, Jr., M. D. ( 2021 )

Dismissed and Opinion Filed May 10, 2021
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-91-01700-CV
CHARLES A. CROSS AND CATHLEEN CROSS SEXTON, Appellants
V.
H. W. BEUTEL, JR., M. D., Appellee
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. 88-079-J
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Carlyle
We reinstate this appeal. This case was abated in 1992 due to bankruptcy. See
TEX. R. APP. P. 8.2. The court has conducted an independent review of the federal
Public Access to Court Electronic Records (PACER) system; however, nothing on
that system indicates 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 appellants (who were appearing pro se at the time the case was
abated) were returned because the addresses were no longer current, despite the
obligation to provide the court with current contact information. See TEX. R. APP. P.
9.1(b); 5th Tex. App. (Dallas) Loc. R. 2. Our attempts to contact appellants by phone
were likewise unsuccessful.
Because we gave the parties an opportunity to show why we should not
dismiss this case for want of prosecution and because no one has responded, we
dismiss the appeal. See id. 42.3(b), (c); see Brewer v. Admiral Ins. Co., 2002 WL
31312990, at *1 (Tex. App.—Dallas Oct. 16, 2002, no writ) (per curiam) (not
designated for publication).
/Cory L. Carlyle//
911700f.p05 CORY L. CARLYLE
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHARLES A. CROSS AND On Appeal from the 191st Judicial
CATHLEEN CROSS SEXTON, District Court, Dallas County, Texas
Appellants Trial Court Cause No. 88-079-J.
Opinion delivered by Justice Carlyle.
No. 05-91-01700-CV V. Justices Schenck and Reichek
participating.
H. W. BEUTEL, JR., M. D.,
Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered this 10th day of May, 2021.
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