Earl Stephenson v. SMS Finanical II, L.L.C., an Arizona Limited Liability Company ( 2015 )

Order entered November 12, 2015 In The Court of Appeals Fifth District of Texas at Dallas No. 05-95-00733-CV EARL STEPHENSON, Appellant V. SMS FINANCIAL II, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY, Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. 94-11846-A ORDER The Court REINSTATES the appeal. On March 19, 1996, the appeal was abated due to the filing of bankruptcy by appellant. By letter dated, October 28, 2015, we directed the parties to notify the Court of the status of the bankruptcy proceedings. We specifically directed that if the bankruptcy proceeding was closed, that appellant file either a motion to dismiss the appeal or written verification that the appeal should proceed. On November 5, 2015, appellant filed a motion to dismiss the appeal. We will dispose of the motion in due course. /s/ CAROLYN WRIGHT CHIEF JUSTICE