H. Andrew Lipscomb, Karen Lipscomb, H. Andrew Lipscomb, III, D.D.S., P.C. v. NAB Asset Venture III, L.P. ( 2021 )

DISMISS and Opinion Filed June 18, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-95-01529-CV
H. ANDREW LIPSCOMB, KAREN LIPSCOMB, AND H. ANDREW
LIPSCOMB, III, D.D.S., P.C., Appellants
V.
NAB ASSET VENTURE III, L.P., Appellee
On Appeal from the 95th District Court
Dallas County, Texas
Trial Court Cause No. 95-02986-D
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Reichek
We reinstate this appeal. In March 1996, we abated this case due to the
appellants’ bankruptcies. See TEX. R. APP. P. 8.2. The Court has conducted an
independent review of the federal Public Access to Court Electronic Records
(PACER) system which shows there are no pending bankruptcy cases associated
with these appellants, 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 bankruptcies 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); Tenet Healthsys. Hosps. Dallas, Inc. v. N. Tex. Med.
Grp., 2021 WL 1808611, at *1 (Tex. App.—Dallas May 6, 2021, no pet. h.) (mem.
op.).
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
951529F.P05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
H. ANDREW LIPSCOMB, KAREN On Appeal from the 95th District
LIPSCOMB, H. ANDREW Court, Dallas County, Texas
LIPSCOMB, III, D.D.S., P.C., Trial Court Cause No. 95-02986-D.
Appellants Opinion delivered by Justice
Reichek. Justices Schenck and
No. 05-95-01529-CV V. Carlyle participating.
NAB ASSET VENTURE III, L.P.,
Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered June 18, 2021
–3–