Timothy L. Barton and TR Carnegie Investments, LLC v. Diana Moraru and Adnan Sardar

DISMISS and Opinion Filed May 12, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01236-CV
TIMOTHY L. BARTON AND TR CARNEGIE INVESTMENTS, LLC,
Appellants
V.
DIANA MORARU AND ADNAN SARDAR, Appellees
On Appeal from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. 12-01813
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Smith
Opinion by Chief Justice Burns
We reinstate this appeal. In 2013, we abated this case 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 terminated on December 14, 2017, 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); Brewer v. Admiral Ins. Co., 2002 WL 31312990, at *1
(Tex. App.—Dallas Oct. 16, 2002, no writ) (per curiam) (not designated for
publication).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
131236F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TIMOTHY L. BARTON AND TR On Appeal from the 192nd Judicial
CARNEGIE INVESTMENTS, LLC, District Court, Dallas County, Texas
Appellants Trial Court Cause No. 12-01813.
Opinion delivered by Chief Justice
No. 05-13-01236-CV V. Burns. Justices Molberg and Smith
participating.
DIANA MORARU AND ADNAN
SARDAR, Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered May 12, 2021
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