Capital Concepts Properties 82-1, a Texas Partnership D/B/a v. General Electric Capital Corporation

Dismissed and Opinion Filed May 3, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-91-00726-CV
CAPITAL CONCEPTS PROPERTIES 82-1, A TEXAS PARTNERSHIP
D/B/A EXECUTIVE INN A/K/A BEST WESTERN EXECUTIVE INN,
RICHARD CALLAGHAN, KENNETH FRISBIE, AND G. T. COX,
Appellants
V.
GENERAL ELECTRIC CAPITAL CORPORATION, Appellee
On Appeal from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 90-13402-M
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Nowell
Opinion by Justice Pedersen, III
We reinstate this appeal. This case was abated in July 1991 due to bankruptcy.
See TEX. R. APP. P. 8.2. The Court conducted an independent review of the federal
Public Access to Court Electronic Records (PACER) system; however, nothing on
that system indicated that a bankruptcy case was still pending.
We then 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, neither party has responded.
Because we gave the parties an opportunity to show why we should not
dismiss the appeal for want of prosecution and no one responded, we dismiss the
appeal. See id. 42.3(b),(c).
910726f.p05 /Bill Pedersen, III//
BILL PEDERSEN, III
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CAPITAL CONCEPTS On Appeal from the 298th Judicial
PROPERTIES 82-1, A TEXAS District Court, Dallas County, Texas
PARTNERSHIP D/B/A Trial Court Cause No. 90-13402-M.
EXECUTIVE INN A/K/A BEST Opinion delivered by Justice
WESTERN EXECUTIVE INN, Pedersen, III. Justices Osborne and
RICHARD CALLAGHAN, Nowell participating.
KENNETH FRISBIE, AND G. T.
COX, Appellants
No. 05-91-00726-CV V.
GENERAL ELECTRIC CAPITAL
CORPORATION, Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered this 3rd day of May, 2021.
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