Opinion
No. 05-90-01562-CV
05-04-2021
EARL J. GIBBS, Appellant v. BANK ONE, TEXAS, N.A., F/K/A DEPOSIT INSURANCE BRIDGE BANK, Appellee
On Appeal from the 193rd Judicial District Court Dallas County, Texas
Trial Court Cause No. 89-01676-L
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Nowell
Opinion by Justice Nowell
We reinstate this appeal. This case was abated in 1991 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). To date, neither party has responded.
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 the appeal. See id. 42.3(b),(c). 901562f.p05
/Erin A. Nowell//
ERIN A. NOWELL
JUSTICE
JUDGMENT
On Appeal from the 193rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. 89-01676-L.
Opinion delivered by Justice Nowell. Justices Osborne and Pedersen, III participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED. Judgment entered this 4th day of May, 2021.