Case Information

SHAWN K. BROWN CHAPTER 7 BANKRUPTCY TRUSTEE OF TOTAL OPERATING, LLC v. JACOB F. WATTERS AND WILLIAM BERRY DEAN III

No. 05-18-01538-CV

Court of Appeals Fifth District of Texas at Dallas

June 15, 2021

On Appeal from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. DC-18-09217

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Goldstein, and Justice Smith

Opinion by Chief Justice Burns

We reinstate this appeal. In January 2019, we abated this case due to William Berry Dean III'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 January 28, 2021, effectively dissolving the automatic stay.

We notified the parties by letter dated May 7, 2021, 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, no 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); Tex. Bus. Telecomm. Servs., Inc. v. Potomac Leasing Co., 2021 WL 1783104, at *1 (Tex. App.—Dallas May 5, 2021, no pet. h.) (mem. op.).

/Robert D. Burns, III/

ROBERT D. BURNS, III

CHIEF JUSTICE

181538F.P05

JUDGMENT

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

Judgment entered June 15, 2021