From Casetext: Smarter Legal Research

Phillips v. Phillips

Court of Appeals Fifth District of Texas at Dallas
May 7, 2021
No. 05-18-00659-CV (Tex. App. May. 7, 2021)

Opinion

No. 05-18-00659-CV

05-07-2021

DELORIS PHILLIPS, Appellant v. PORSHALA DANYEL PHILLIPS AND WILLIAM BRENT, Appellees


On Appeal from the 254th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-18-00541

MEMORANDUM OPINION

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

We abated this appeal in November 2018 after appellant informed the Court she had removed the action to federal district court. See 28 U.S.C. § 1446(d). Our order abating the appeal provided that we would reinstate the appeal upon receipt of a certified copy of an order on remand. See id. § 1447(c); Gonzalez v. Guilbot, 135 S.W.3d 533, 537-38 (Tex. 2010).

In March 2021, having had no communication from the parties since the abatement, we conducted an independent review of the Public Access to Court Electronic Records (PACER) system and learned the federal district court had signed an order closing the case in late 2018. We reinstated the appeal on March 29 and directed appellant to file, no later than April 8, 2021, a letter showing cause as to why the appeal should not be dismissed for want of prosecution or failure to respond to a Court order or notice. See TEX. R. APP. P. 42.3(b),(c). To date, appellant has not responded. Accordingly, as no activity has occurred in the appeal in over two years, we dismiss the appeal. See id. 42.3(b),(c).

/Robert D. Burns, III/

ROBERT D. BURNS, III

CHIEF JUSTICE 180659F.P05

JUDGMENT

On Appeal from the 254th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DF-18-00541.
Opinion delivered by Chief Justice Burns. Justices Molberg and Smith participating.

In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered May 7, 2021.


Summaries of

Phillips v. Phillips

Court of Appeals Fifth District of Texas at Dallas
May 7, 2021
No. 05-18-00659-CV (Tex. App. May. 7, 2021)
Case details for

Phillips v. Phillips

Case Details

Full title:DELORIS PHILLIPS, Appellant v. PORSHALA DANYEL PHILLIPS AND WILLIAM BRENT…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 7, 2021

Citations

No. 05-18-00659-CV (Tex. App. May. 7, 2021)

Citing Cases

Trill Burgers LLC v. Vivares

Pursuant to the removal of the underlying trial court action to federal court, we abate the appeal and all…