Biorno, Inc., D/B/A Peoples Restaurants and Lounge v. Print Systems, Inc. ( 2021 )

DISMISS and Opinion Filed May 5, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-85-00554-CV
BIORNO, INC., D/B/A PEOPLES RESTAURANTS AND LOUNGE,
Appellant
V.
PRINT SYSTEMS, INC., Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. cc-84-9790-e
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 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 letter to appellant’s attorney was returned because the address was
no longer current. Appellant’s counsel has not withdrawn from representation and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).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
850554F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BIORNO, INC., D/B/A PEOPLES On Appeal from the County Court at
RESTAURANTS AND LOUNGE, Law No. 5, Dallas County, Texas
Appellant Trial Court Cause No. cc-84-9790-e.
Opinion delivered by Chief Justice
No. 05-85-00554-CV V. Burns. Justices Molberg and Smith
participating.
PRINT SYSTEMS, INC., Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered May 5, 2021
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