Case Information
*1 DISMISS and Opinion Filed June 15, 2021
In The
No. 05-18-01538-CV
SHAWN K. BROWN CHAPTER 7 BANKRUPTCY TRUSTEE OF TOTAL OPERATING, LLC, Appellant
V.
JACOB F. WATTERS AND WILLIAM BERRY DEAN III, Appellees 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 T EX . R. A PP . 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 *2 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
Court of Appeals
JUDGMENT
SHAWN K. BROWN CHAPTER 7 On Appeal from the 101st Judicial BANKRUPTCY TRUSTEE OF District Court, Dallas County, Texas TOTAL OPERATING, LLC, Trial Court Cause No. DC-1 8- Appellant 09217.
Opinion delivered by Chief Justice No. 05-18-01538-CV V. Burns. Justices Goldstein and Smith
participating.
JACOB F. WATTERS AND
WILLIAM BERRY DEAN III,
Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED .
Judgment entered June 15, 2021