Dallas Communicators, Inc. v. David Cook ( 2019 )

DISMISS and Opinion Filed May 21, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-94-01114-CV
DALLAS COMMUNICATORS, INC., Appellant
V.
DAVID COOK, Appellee
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. 93-5868-E
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Nowell
Opinion by Justice Bridges
We reinstate this appeal as the bankruptcy which prompted our abatement of the appeal in
1994 has been closed. See TEX. R. APP. P. 8.2, 8.3. Although the bankruptcy was closed in
February 1998, neither party informed the Court. See id. 8.3. The Court learned the bankruptcy
was closed while conducting an independent review of the federal Public Access to Court
Electronic Records (PACER) system in March 2019.
By letter dated March 14, 2019, we informed the parties that we had learned the bankruptcy
case was closed and would dismiss the appeal for want of prosecution or for failure to respond to
a Court order or notice from the Clerk of the Court unless any party gave cause as to why it should
not be dismissed. See id. 42.3(b),(c). To date, neither party has responded.
This appeal has been abated over twenty years, although it could have been reinstated in
February 1998 and prosecuted to completion long before now. Having given the parties an
opportunity to show cause why we should not dismiss the appeal and having received no response,
we dismiss the appeal. See id. 42.3(b),(c).
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
941114F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DALLAS COMMUNICATORS, INC., On Appeal from the 101st Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. 93-5868-E.
No. 05-94-01114-CV V. Opinion delivered by Justice Bridges,
Justices Brown and Nowell participating.
DAVID COOK, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Subject to any order of the bankruptcy court, we ORDER appellee David Cook recover
his costs, if any, of this appeal from appellant Dallas Communicators, Inc.
Judgment entered May 21, 2019
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