Keene Corporation v. Ollis E. Kirk ( 2021 )

Dismiss and Opinion Filed June 7, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-92-01112-CV
KEENE CORPORATION, Appellant
V.
OLLIS E. KIRK, ET AL, Appellees
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. 90-5245-J
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Nowell
Opinion by Justice Osborne
We reinstate this appeal. In 1994, we abated this case 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 which does not show a
pending bankruptcy case associated with this appeal.
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, 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 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).
/Leslie Osborne//
LESLIE OSBORNE
9201112f.p05 JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KEENE CORPORATION, Appellant On Appeal from the 191st Judicial
District Court, Dallas County, Texas
No. 05-92-01112-CV V. Trial Court Cause No. 90-5245-J.
Opinion delivered by Justice
OLLIS E. KIRK, ET AL, Appellees Osborne. Justices Pedersen, III and
Nowell participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered this 7th day of June, 2021.
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