- DISMISS and Opinion Filed June 8, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-95-00156-CV MARION L. GOAD INDIVIDUALLY AND GO-FORMS, INC., Appellants V. JULIUS A. SAMAME, Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. 93-00510-M MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Partida-Kipness We reinstate this appeal. In 1995, we abated this case due to Go-Forms, 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 August 6, 1999, 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 TEX. R. APP. P. 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 TEX. R. APP. P. 42.3(b),(c); Brewer v. Admiral Ins. Co., No. 05-90- 00810-CV, 2002 WL 31312990, at *1 (Tex. App.—Dallas Oct. 16, 2002, no writ) (per curiam) (not designated for publication). /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 950156F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MARION L. GOAD On Appeal from the 298th Judicial INDIVIDUALLY AND GO- District Court, Dallas County, Texas FORMS, INC., Appellants Trial Court Cause No. 93-00510-M. Opinion delivered by Justice Partida- No. 05-95-00156-CV V. Kipness. Justices Myers and Garcia participating. JULIUS A. SAMAME, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered June 8, 2021 –3–
Document Info
Docket Number: 05-95-00156-CV
Filed Date: 6/8/2021
Precedential Status: Precedential
Modified Date: 6/16/2021