Barbara Kay (Cherry) Jaquess v. Clyde Bruce Cherry

DISMISS and Opinion Filed April 30, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-98-00071-CV
BARBARA KAY (CHERRY) JAQUESS, Appellant
V.
CLYDE BRUCE CHERRY, Appellee
On Appeal from the 256th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 97-2990-Z
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Garcia
Opinion by Justice Myers
We reinstate this appeal. This case was abated in February 1998 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 July 31,
1998, 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).
/Lana Myers/
LANA MYERS
JUSTICE
980071F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BARBARA KAY (CHERRY) On Appeal from the 256th Judicial
JAQUESS, Appellant District Court, Dallas County, Texas
Trial Court Cause No. 97-2990-Z.
No. 05-98-00071-CV V. Opinion delivered by Justice Myers.
Justices Partida-Kipness and Garcia
CLYDE BRUCE CHERRY, participating.
Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered April 30, 2021
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