DocketNumber: 05-13-01745-CV
Filed Date: 5/11/2021
Status: Precedential
Modified Date: 5/19/2021
Dismissed and Opinion Filed May 11, 2021 In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01745-CV MEMKING RECYCLING GROUP LLC AND JOHN PATERSON, Appellants V. ABINGTON RELDAN METALS, LLC, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-13-03750-E MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Myers We reinstate this appeal. This case was abated on July 15, 2014 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 March 17, 2015, 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. Seeid. 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. Seeid. 42.3(b),(c).
/Lana Myers// 131745f.p05 LANA MYERS JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT MEMKING RECYCLING GROUP On Appeal from the County Court at LLC AND JOHN PATERSON, Law No. 5, Dallas County, Texas Appellants Trial Court Cause No. CC-13-03750- E. No. 05-13-01745-CV V. Opinion delivered by Justice Myers. Justices Partida-Kipness and Garcia ABINGTON RELDAN METALS, participating. LLC, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered this 11th day of May, 2021. –3–