Southwestern Carriers, Inc., Clyde Sharpless v. Dong K. Sim ( 2021 )

Dismissed and Opinion Filed June 4, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-09-00492-CV
SOUTHWESTERN CARRIERS, INC., AND CLYDE SHARPLESS,
Appellants
V.
DONG K. SIM, ET AL, Appellees
On Appeal from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 03-00427
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Nowell
Opinion by Justice Nowell
We reinstate this appeal. In 2009, we abated this case due to Southwestern
Carriers, Inc.’s 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 shows the bankruptcy case associated with this appeal was
terminated on October 3, 2017, effectively dissolving the automatic stay.
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).
/Erin A. Nowell//
090492f.p05 ERIN A. NOWELL
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SOUTHWESTERN CARRIERS, On Appeal from the 298th Judicial
INC., CLYDE SHARPLESS, District Court, Dallas County, Texas
Appellants Trial Court Cause No. 03-00427.
Opinion delivered by Justice Nowell.
No. 05-09-00492-CV V. Justices Osborne and Pedersen, III
participating.
DONG K. SIM, ET AL, Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered this 4th day of June, 2021.
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