in Re: Don \"Dung\" Nguyen

Dismissed and Opinion Filed July 20, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00109-CV
IN RE DON "DUNG" NGUYEN, Relator
Original proceeding from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-13345
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
We reinstate this original proceeding. On March 23, 2018, we abated this case
when we were notified that real party in interest Chau Khanh Nguyen had filed
bankruptcy in the United States Bankruptcy Court for the Northern District of Texas.
See TEX. R. APP. P. 8.2. Later, the Court conducted an independent review of the
federal Public Access to Court Electronic Records (PACER) system which shows
real party in interest was discharged in April 2021 and the bankruptcy case
associated with this original proceeding was terminated on July 7, 2021, effectively
dissolving the automatic stay.
We previously notified the parties by letter dated May 7, 2021, requesting they
inform the Court of the status of the bankruptcy and of this case. We cautioned that
the failure to respond would result in the case being dismissed for want of
prosecution. See id. 42.3(b), (c). To date, no party has responded.
Because we gave the parties an opportunity to show why we should not
dismiss the case for want of prosecution and no one responded, we dismiss this
original proceeding. See id. 42.3(b), (c); In re Joachim, 2021 WL 837334, at *1 (Tex.
App.—Dallas March 5, 2021, no pet.) (mem. op.).
/Robert D. Burns, III/
180109f.p05 ROBERT D. BURNS, III
CHIEF JUSTICE
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