Case Information

LOWELL CLEAVER v. C & G PAINT & BODY SHOP, C. H. GERALD & KEN WILSON

No. 05-91-01905-CV

Court of Appeals Fifth District of Texas at Dallas

August 5, 2021

On Appeal from the County Court at Law No. 5, Dallas County, Texas, Trial Court Cause No. CC91-643-E

MEMORANDUM OPINION

Before Justices Schenck, Reichek, and Carlyle

Opinion by Justice Carlyle

We reinstate this appeal. This case was abated in 1993 due to bankruptcy. See TEX. R. APP. P. 8.2. The court has conducted an independent review of the federal Public Access to Court Electronic Records (PACER) system; however, nothing on that system indicates that a bankruptcy case is still pending.

On May 7, 2021, 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, no party has responded. Because we gave the parties an opportunity to show why we should not dismiss this case for want of prosecution and because no one has responded, we dismiss the appeal. See id. 42.3(b), (c); see Cross v. Beutel, No. 05-91-01700-CV, 2021 WL 1851040, at *1 (Tex. App.—Dallas May 10, 2021, no pet.) (mem. op.).

911905f.p05

/Cory L. Carlyle//

CORY L. CARLYLE

JUSTICE

JUDGMENT

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

Judgment entered this 5th day of August, 2021.