Commercial Recovery Systems, Inc. v. Caliber Home Loans, Inc. F/K/A Vericrest Financial, Inc. and Cerno Solutions, Inc. ( 2021 )

DISMISS and Opinion Filed June 11, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01227-CV
COMMERCIAL RECOVERY SYSTEMS, INC., Appellant
V.
CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC.
AND CERNO SOLUTIONS, INC., Appellees
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-07683
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Smith
Opinion by Justice Smith
We reinstate this appeal. In 2014, we abated this case due to Commercial
Recovery Systems, 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 24, 2018, 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).
/Craig Smith/
CRAIG SMITH
JUSTICE
131227F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
COMMERCIAL RECOVERY On Appeal from the 116th Judicial
SYSTEMS, INC., Appellant District Court, Dallas County, Texas
Trial Court Cause No. DC-13-07683.
No. 05-13-01227-CV V. Opinion delivered by Justice Smith.
Justices Molberg and Goldstein
CALIBER HOME LOANS, INC. participating.
F/K/A VERICREST FINANCIAL,
INC. AND CERNO SOLUTIONS,
INC., Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered June 11, 2021
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