Jason Spencer v. Kenneth Talbert, James Talbert, EFA Processing, LP, Safeguard Recovery, LLC, Eckity Capital Markets, LLC, and Safeguard Capital

DISMISS and Opinion Filed May 25, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00844-CV
JASON SPENCER, Appellant
V.
KENNETH TALBERT, JAMES TALBERT, EFA PROCESSING, LP,
SAFEGUARD RECOVERY, LLC, ECKITY CAPITAL MARKETS, LLC,
AND SAFEGUARD CAPITAL, Appellees
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-14-01292
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
We reinstate this appeal. This case was abated in August 2018 due to
appellant’s bankruptcy proceeding. 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 October 23, 2018, 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 the parties that the case would
be reinstated and dismissed for want of prosecution unless any party gave cause as
to why it should not be dismissed. See TEX. R. APP. P. 42.3(b),(c). By letter dated
May 17, 2021, appellant responded that he would like to proceed with the appeal
because the bankruptcy court did not grant a discharge. Appellant did not, however,
provide any explanation for appellant’s two- and one-half-year delay in requesting
the appeal to be reinstated.
Because we gave appellant the opportunity to show why we should not
dismiss the appeal for want of prosecution and appellant failed to do so, we dismiss
this appeal. See id. 42.3(b),(c).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
170844F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JASON SPENCER, Appellant On Appeal from the 134th Judicial
District Court, Dallas County, Texas
No. 05-17-00844-CV V. Trial Court Cause No. DC-14-01292.
Opinion delivered by Chief Justice
KENNETH TALBERT, JAMES Burns. Justices Molberg and
TALBERT, EFA PROCESSING, LP, Goldstein participating.
SAFEGUARD RECOVERY, LLC,
ECKITY CAPITAL MARKETS,
LLC, AND SAFEGUARD
CAPITAL, Appellees
In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.
Judgment entered May 25, 2021
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