Britton Elkins v. Beacons Sales Acquisition, Inc. ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00058-CV
BRITTON ELKINS, APPELLANT
V.
BEACON SALES ACQUISITION, INC., APPELLEE
On Appeal from the County Court at Law No. 1
Tarrant County, Texas
Trial Court No. 2021-007293-1, Honorable Don Pierson, Presiding
October 30, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Appellant, Britton Elkins, proceeding pro se, appeals from the trial court’s Final
Default Judgment.1 On April 20, 2023, we abated this appeal after receiving notice of
Elkins’s bankruptcy proceedings filed in the United States Bankruptcy Court for the
Southern District of Texas (In re Britton Gill Elkins, case number 23-30199). See TEX. R.
1 Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by
the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001.
APP. P. 8.1, 8.2. Our order directed the parties to promptly inform the Court of the
resolution of the bankruptcy proceeding or any other event authorizing reinstatement of
the appeal. We later discovered that the bankruptcy court closed Elkins’s case on April
22, 2024. However, neither party filed any notice with this Court.
By letter of September 18, 2024, we directed the parties to advise the Court of the
status of the bankruptcy proceeding by September 30, but no response was received.
We sent a second letter on October 9, 2024, again directing the parties to provide a status
of the bankruptcy proceedings. In the letter, we advised Elkins that failure to do so by
October 21 would result in reinstatement and dismissal of this appeal for failure to comply
with a directive of the Court and a notice from the Clerk requiring a response within a
specified time. See TEX. R. APP. P. 42.3(c). Elkins has had no further communication
with the Court to date.
Accordingly, we reinstate the appeal and dismiss it due to Elkins’s failure to comply
with the Court’s order and the Clerk’s notice requiring timely action. See TEX. R. APP. P.
42.3(c).
Per Curiam
2