Cleaver, Lowell v. C & G Paint & Body Shop, C. H. Gerald & Ken Wilson ( 2021 )

Dismiss and Opinion Filed August 5, 2021
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-91-01905-CV
LOWELL CLEAVER, Appellant
V.
C & G PAINT & BODY SHOP, C. H. GERALD & KEN WILSON, Appellees
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC91-643-E
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Carlyle
We reinstate this appeal. This case was abated in 1993 due to bankruptcy. 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; however, nothing on
that system indicates that a bankruptcy case is still pending.
On May 7, 2021, we notified the parties by letter, requesting they inform the
court of the status of the bankruptcy 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 this case for want of prosecution and because no one has responded, we
dismiss the appeal. See id. 42.3(b), (c); see Cross v. Beutel, No. 05-91-01700-CV,
2021 WL 1851040, at *1 (Tex. App.—Dallas May 10, 2021, no pet.) (mem. op.).
911905f.p05 /Cory L. Carlyle//
CORY L. CARLYLE
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LOWELL CLEAVER, Appellant On Appeal from the County Court at
Law No. 5, Dallas County, Texas
No. 05-91-01905-CV V. Trial Court Cause No. CC91-643-E.
Opinion delivered by Justice Carlyle.
C & G PAINT & BODY SHOP, C. Justices Schenck and Reichek
H. GERALD & KEN WILSON, participating.
Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered this 5th day of August, 2021.
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