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

Dismiss and Opinion Filed November 19, 2015 S 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 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright This appeal was abated in 1996 due to the filing of bankruptcy by appellant. In response to the Court’s October 28, 2015 letter inquiring about the status of the bankruptcy proceeding, appellant filed a motion to dismiss the appeal. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). 950733F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT EARL STEPHENSON, Appellant On Appeal from the 14th Judicial District Court, Dallas County, Texas No. 05-95-00733-CV V. Trial Court Cause No. 94-11846-A. Opinion delivered by Chief Justice Wright, SMS FINANCIAL II, L.L.C., AN Justices Lang-Miers and Stoddart ARIZONA LIMITED LIABILITY participating. COMPANY, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee SMS Financial II, L.L.C., an Arizona Limited Liability Company recover its costs of this appeal, if any, from appellant Earl Stephenson and the cash deposit in lieu of cost bond. After all costs have been paid, we ORDER that the balance, if any, of the cash deposit in lieu of cost bond be returned to appellant Earl Stephenson. Judgment entered November 19, 2015. –2–