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Biorno, Inc. v. Print Sys.

Court of Appeals Fifth District of Texas at Dallas
May 5, 2021
No. 05-85-00554-CV (Tex. App. May. 5, 2021)

Opinion

No. 05-85-00554-CV

05-05-2021

BIORNO, INC., D/B/A PEOPLES RESTAURANTS AND LOUNGE, Appellant v. PRINT SYSTEMS, INC., Appellee


On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. cc-84-9790-e

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Molberg, and Justice Smith
Opinion by Chief Justice Burns

We reinstate this appeal. This case was abated in 1985 due to bankruptcy. See TEX. R. APP. P. 8.2. The Court conducted an independent review of the federal Public Access to Court Electronic Records (PACER) system; however, nothing on that system indicated that a bankruptcy case was still pending.

We then 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). The letter to appellant's attorney was returned because the address was no longer current. Appellant's counsel has not withdrawn from representation and has failed to provide the Court with an up-to-date address. See TEX. R. APP. P. 6.5; 5th Tex. App. (Dallas) Loc. R. 2.

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); Brewer v. Admiral Ins. Co., 2002 WL 31312990, at *1 (Tex. App.—Dallas Oct. 16, 2002, no writ) (per curiam) (not designated for publication).

/Robert D. Burns, III/

ROBERT D. BURNS, III

CHIEF JUSTICE 850554F.P05

JUDGMENT

On Appeal from the County Court at Law No. 5, Dallas County, Texas
Trial Court Cause No. cc-84-9790-e.
Opinion delivered by Chief Justice Burns. Justices Molberg and Smith participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED. Judgment entered May 5, 2021


Summaries of

Biorno, Inc. v. Print Sys.

Court of Appeals Fifth District of Texas at Dallas
May 5, 2021
No. 05-85-00554-CV (Tex. App. May. 5, 2021)
Case details for

Biorno, Inc. v. Print Sys.

Case Details

Full title:BIORNO, INC., D/B/A PEOPLES RESTAURANTS AND LOUNGE, Appellant v. PRINT…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 5, 2021

Citations

No. 05-85-00554-CV (Tex. App. May. 5, 2021)