Harold Haswell v. Cach, Llc ( 2021 )


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  • DISMISS; Opinion Filed June 29, 2021
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-16-01277-CV
    HAROLD HASWELL, Appellant
    V.
    CACH, LLC, Appellee
    On Appeal from the County Court at Law No. 4
    Collin County, Texas
    Trial Court Cause No. 004-01615-2016
    MEMORANDUM OPINION
    Before Justices Schenck, Reichek, and Carlyle
    Opinion by Justice Schenck
    On October 25, 2016, Harold Haswell filed his notice of appeal of the trial
    court’s judgment in favor of appellee CACH, LLC. After Haswell filed his brief,
    CACH informed the Court that it had filed for bankruptcy. Accordingly, we abated
    the appeal. See TEX. R. APP. P. 8.2.
    On October 11, 2019, we received CACH’s motion to reinstate and dismiss
    the appeal. See TEX. R. APP. P. 8.3. However, as we noted by letter dated October
    14, 2019, Haswell’s signature was required and allowed him an opportunity to file
    an amended motion complying with the rule. On November 6, 2019, the Court
    granted CACH’s motion insofar as the appeal was reinstated but denied insofar as it
    sought dismissal.
    On May 27, 2021, we sent a letter to Haswell, informing him that because he
    had not communicated with this Court since February 10, 2017, we would dismiss
    his appeal for want of prosecution unless, within ten days of the date of the letter, he
    responded with cause as to why the appeal should not be dismissed. See TEX. R.
    APP. P. 42.3(b)(c). Haswell has not responded or otherwise communicated with this
    Court since. Accordingly, we dismiss his appeal. See id.
    /David J. Schenck/
    DAVID J. SCHENCK
    JUSTICE
    161277F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    HAROLD HASWELL, Appellant                    On Appeal from the County Court at
    Law No. 4, Collin County, Texas
    No. 05-16-01277-CV          V.               Trial Court Cause No. 004-01615-
    2016.
    CACH, LLC, Appellee                          Opinion delivered by Justice
    Schenck. Justices Reichek and
    Carlyle participating.
    In accordance with this Court’s opinion of this date, the appeal is
    DISMISSED.
    It is ORDERED that appellee CACH, LLC recover its costs of this appeal
    from appellant HAROLD HASWELL.
    Judgment entered this 29th day of June 2021.
    –3–
    

Document Info

Docket Number: 05-16-01277-CV

Filed Date: 6/29/2021

Precedential Status: Precedential

Modified Date: 7/7/2021