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Cleaver, Lowell v. C & G Paint & Body Shop, C. H. Gerald & Ken Wilson
05-91-01905-CV
| Tex. App. | Aug 5, 2021
|
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*1 Dismiss and Opinion Filed August 5, 2021

In the No. 05-91-01905-CV V.

C & G PAINT & BODY SHOP, C. H. GERALD & KEN WILSON, Appellees 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

T EX . R. A PP . 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 *3 JUDGMENT On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-91-01905-CV V. Trial Court Cause No. CC91-643-E.

Opinion delivered by Justice Carlyle. C & G PAINT & BODY SHOP, C. Justices Schenck and Reichek H. GERALD & KEN WILSON, participating.

Appellees

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

Judgment entered this 5 th day of August, 2021.

Case Details

Case Name: Cleaver, Lowell v. C & G Paint & Body Shop, C. H. Gerald & Ken Wilson
Court Name: Court of Appeals of Texas
Date Published: Aug 5, 2021
Docket Number: 05-91-01905-CV
Court Abbreviation: Tex. App.
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