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Schulman v. Ross

Court of Appeals Fifth District of Texas at Dallas
May 12, 2021
No. 05-11-00517-CV (Tex. App. May. 12, 2021)

Opinion

No. 05-11-00517-CV

05-12-2021

CARY SCHULMAN AND JENNIFER LUGO, Appellants v. JIM AND DEBRA ROSS, Appellees


On Appeal from the County Court Rockwall County, Texas
Trial Court Cause No. CI-11-030

MEMORANDUM OPINION

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

We reinstate this appeal. In 2012, we withdrew our mandate and abated this case 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 which shows the bankruptcy case associated with this appeal was terminated on October 16, 2013, effectively dissolving the automatic stay.

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 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 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 110517F.P05

JUDGMENT

On Appeal from the County Court, Rockwall County, Texas
Trial Court Cause No. CI-11-030.
Opinion delivered by Chief Justice Burns. Justices Goldstein and Smith participating.

In accordance with this Court's opinion of this date, this appeal is DISMISSED. Judgment entered May 12, 2021


Summaries of

Schulman v. Ross

Court of Appeals Fifth District of Texas at Dallas
May 12, 2021
No. 05-11-00517-CV (Tex. App. May. 12, 2021)
Case details for

Schulman v. Ross

Case Details

Full title:CARY SCHULMAN AND JENNIFER LUGO, Appellants v. JIM AND DEBRA ROSS…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 12, 2021

Citations

No. 05-11-00517-CV (Tex. App. May. 12, 2021)