Opinion
No. 05-10-00035-CV
09-29-2014
JAMES ROBERT WHITAKER, Appellant v. PEGGY GARRETT, JAN GARRETT, CHARLES LONG, CHRISTOPHER SCOTT MYATT, BILL HOLLAND, AND MORONEY FARMS HOMEOWNERS' ASSOCIATION, INC., Appellees
On Appeal from the 296th Judicial District Court Collin County, Texas
Trial Court Cause No. 296-00467-2008
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Brown
Opinion by Chief Justice Wright
James Robert Whitaker filed his notice of appeal on January 7, 2010. When he filed a January 27, 2010 suggestion of bankruptcy, we abated his appeal. Since that time, the Court has sent letters inquiring as to the status of the bankruptcy. On June 4, 2014, we received a copy of the "Order Discharging Chapter 7 Trustee and Closing Chapter 7 Case," dated December 6, 2011. In light of this, we reinstated the appeal and ordered appellant to file, no later than June 22, 2014, either a motion to dismiss the appeal or written verification that he intended to continue the appeal and had made arrangements with the clerk and court reporter for their respective records. We cautioned appellant that if we did not receive either a motion to dismiss or verification within the time specified, we would dismiss the appeal without further notice. To date, appellant has not filed a motion to dismiss, provided written verification about the status of the appeal, or otherwise corresponded with the Court regarding his appeal.
Accordingly, we dismiss this appeal for want of prosecution. TEX. R. APP. P. 42.3(b), (c).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
100035F.P05
JUDGMENT
On Appeal from the 296th Judicial District Court, Collin County, Texas
Trial Court Cause No. 296-00467-2008.
Opinion delivered by Chief Justice Wright,
Justices Lang-Miers and Brown participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees PEGGY GARRET, JAN GARRETT, CHARLES LONG, CHRISTOPHER SCOTT MYATT, BILL HOLLAND, AND MORONEY FARMS HOMEOWNERS' ASSOCIATION, INC. recover their costs of this appeal, if any, from appellant JAMES R. WHITAKER.