E-Systems Corporation, Ronald Finlayson, and David Zisskind v. Liquid Capital Exchange, Inc. ( 2021 )

DISMISS and Opinion Filed June 9, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00032-CV E-SYSTEMS CORPORATION, RONALD FINLAYSON, AND DAVID ZISSKIND, Appellants V. LIQUID CAPITAL EXCHANGE, INC., Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-16142 MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Garcia We reinstate this appeal. In July 2018, we abated this case due to David Zisskind’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 15, 2018, effectively dissolving the automatic stay. We notified the parties by letter dated May 7, 2021, 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, no 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); The Tex. Ranger Oil Co. v. Alamo Fluids, Inc., 2021 WL 1731795, at *1 (Tex. App.—Dallas May 3, 2021, no pet. h.) (mem. op.). /Dennise Garcia/ DENNISE GARCIA JUSTICE 180032F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT E-SYSTEMS CORPORATION, On Appeal from the 14th Judicial RONALD FINLAYSON, AND District Court, Dallas County, Texas DAVID ZISSKIND, Appellants Trial Court Cause No. DC-16-16142. Opinion delivered by Justice Garcia. No. 05-18-00032-CV V. Justices Myers and Partida-Kipness participating. LIQUID CAPITAL EXCHANGE, INC., Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered June 9, 2021 –3–