Suburban American Company, Inc. v. Moussa Development No. 3 & Stanley A. Moussa ( 2021 )

DISMISS and Opinion Filed May 5, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-86-00708-CV
SUBURBAN AMERICAN COMPANY, INC., Appellant
V.
MOUSSA DEVELOPMENT NO. 3 & STANLEY A. MOUSSA, Appellees
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. 85-12295-L
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Smith
Opinion by Chief Justice Burns
We reinstate this appeal. This case was abated in 1987 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 a bankruptcy case was still pending.
We 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, none of the parties have 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 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).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
860708F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SUBURBAN AMERICAN On Appeal from the 193rd Judicial
COMPANY, INC., Appellant District Court, Dallas County, Texas
Trial Court Cause No. 85-12295-L.
No. 05-86-00708-CV V. Opinion delivered by Chief Justice
Burns. Justices Molberg and Smith
MOUSSA DEVELOPMENT NO. 3 participating.
& STANLEY A. MOUSSA,
Appellees
In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.
Judgment entered May 5, 2021
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