Sewell, George Edward v. Pittsburgh Corning Corporation

DISMISS and Opinion Filed May 28, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-00-01405-CV
GEORGE EDWARD SEWELL AND ELIZABETH UDELL, Appellants
V.
PITTSBURGH CORNING CORPORATION, Appellee
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 96-04255-B
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Garcia
Opinion by Justice Partida-Kipness
We reinstate this appeal. In 2000, we abated this case due to Pittsburgh
Corning Corporation’s 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 April 18, 2019, 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).
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
001405F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
GEORGE EDWARD SEWELL and On Appeal from the 44th Judicial
ELIZABETH UDALL, Appellants District Court, Dallas County, Texas
Trial Court Cause No. 96-04255-B.
No. 05-00-01405-CV V. Opinion delivered by Justice Partida-
Kipness. Justices Myers and Garcia
PITTSBURGH CORNING participating.
CORPORATION, Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered May 28, 2021
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