Connie A. Fletcher and Frank J. Brewer v. Deborah C. Brett, Not Individually but as the Guardian of James E. Brewer ( 2021 )

Dismissed and Opinion Filed June 11, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-95-01209-CV
CONNIE A. FLETCHER AND FRANK J. BREWER, Appellants
V.
DEBORAH C. BRETT, NOT INDIVIDUALLY BUT AS THE GUARDIAN
OF JAMES E. BREWER, Appellee
On Appeal from the Probate Court No. 2
Dallas County, Texas
Trial Court Cause No. 95-622-P2(A)
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Nowell
Opinion by Justice Pedersen, III
We reinstate this appeal. In 1996, we abated this case due to Connie A.
Fletcher’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 May
28, 2004, 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).
/Bill Pedersen, III//
951209f.p05 BILL PEDERSEN, III
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CONNIE A. FLETCHER AND On Appeal from the Probate Court
FRANK J. BREWER, Appellants No. 2, Dallas County, Texas
Trial Court Cause No. 95-622-P2(A).
No. 05-95-01209-CV V. Opinion delivered by Justice
Pedersen, III. Justices Osborne and
DEBORAH C. BRETT, NOT Nowell participating.
INDIVIDUALLY BUT AS THE
GUARDIAN OF JAMES E.
BREWER, Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered this 11th day of June, 2021.
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