DocketNumber: 05-11-00429-CV
Filed Date: 4/30/2021
Status: Precedential
Modified Date: 5/5/2021
DISMISS and Opinion Filed April 30, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-00429-CV LONNIE BURGESS AND ALL OCCUPANTS, Appellants V. HARDY CREDIT CO, THE SUCCESSORS AND OR ASSIGNEES OF LIBERTY SAVINGS BANK FSB, Appellee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-10-02543-C MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Goldstein We reinstate this appeal. This case was abated in 2011 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 which shows the bankruptcy case associated with this appeal was dismissed on August 25, 2011, effectively dissolving the automatic stay. 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, 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 this appeal. See id. 42.3(b),(c). /Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE 110429F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BURGESS, LONNIE AND ALL On Appeal from the County Court at OCCUPANTS, Appellants Law No. 3, Dallas County, Texas Trial Court Cause No. CC-10-02543- No. 05-11-00429-CV V. C. Opinion delivered by Justice HARDY CREDIT CO, THE Goldstein. Justices Molberg and SUCCESSORS AND OR Smith participating. ASSIGNEES OF LIBERTY SAVINGS BANK FSB, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. Judgment entered April 30, 2021 –3–