the Communication Counsel of America, Inc. v. David Day

DISMISS and Opinion Filed June 22, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00566-CV
THE COMMUNICATION COUNSEL OF AMERICA, INC., Appellant
V.
DAVID DAY, Appellee
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-14413
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Smith
Opinion by Chief Justice Burns
We reinstate this appeal. We abated this appeal in 2019 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 does not show a
pending bankruptcy case associated with this appeal.
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).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
190566F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
THE COMMUNICATION On Appeal from the 44th Judicial
COUNSEL OF AMERICA, INC., District Court, Dallas County, Texas
Appellant Trial Court Cause No. DC-16-14413.
Opinion delivered by Chief Justice
No. 05-19-00566-CV V. Burns. Justices Molberg and Smith
participating.
DAVID DAY, Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered June 22, 2022
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