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Whittington v. HSBC Bank U.S.

Court of Appeals Fifth District of Texas at Dallas
May 28, 2021
No. 05-17-01158-CV (Tex. App. May. 28, 2021)

Opinion

05-17-01158-CV

05-28-2021

CHARLES WHITTINGTON AND DIANE WHITTINGTON, Appellants v. HSBC BANK USA, N.A. AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., Appellee


On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-01751-2016

Before Justices Myers, Partida-Kipness, and Garcia

MEMORANDUM OPINION

DENNISE GARCIA, JUSTICE

This appeal is reinstated. In 2018, we abated this appeal due to Diane Whittington's bankruptcy. See Tex. R. App. P. 8.2. Since the abatement, there has been no activity in this appeal. The Court conducted an independent review of the federal Public Access to Court Electronic Records (PACER) system which shows the debtor was discharged on August 30, 2018.

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 might result in the appeal being dismissed for want of prosecution. See id. 42.3(b), (c).

In response, appellants filed a motion to dismiss the appeal stating that appellants have settled all claims against appellee and requesting the Court to dismiss this appeal. We grant appellants' motion and dismiss this appeal. See id. 42.1(a).

JUDGMENT

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


Summaries of

Whittington v. HSBC Bank U.S.

Court of Appeals Fifth District of Texas at Dallas
May 28, 2021
No. 05-17-01158-CV (Tex. App. May. 28, 2021)
Case details for

Whittington v. HSBC Bank U.S.

Case Details

Full title:CHARLES WHITTINGTON AND DIANE WHITTINGTON, Appellants v. HSBC BANK USA…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 28, 2021

Citations

No. 05-17-01158-CV (Tex. App. May. 28, 2021)