From Casetext: Smarter Legal Research

Spencer v. Advanced Telemktg

Court of Appeals of Texas, Fifth District, Dallas
Apr 2, 2003
No. 05-99-01778-CV (Tex. App. Apr. 2, 2003)

Opinion

No. 05-99-01778-CV.

Opinion issued April 2, 2003.

Appeal from the 193rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. DV98-09019-L.

Dismissed.

Before Chief Justice THOMAS, and Justices MOSELEY and O'NEILL.


MEMORANDUM OPINION


The Court abated this appeal on December 16, 1999, due to the possible bankruptcy of one of the parties. The Court sent a letter to the parties or their counsel of record on January 30, 2003 instructing them to file, within fourteen days of the date of the letter, a motion to reinstate, motion to dismiss, or to advise the Court what action should be taken in the case. The letter advised the parties that failure to do so would result in dismissal of the appeal. None of the parties to this appeal have filed any documents showing the bankruptcy is still pending. Consequently, the Court determines that the appeal may be reinstated. The Court REINSTATES this appeal.

In response to the Court's letter of January 30, 2003, appellee filed a motion to dismiss due to lack of jurisdiction and a motion for sanctions for frivolous appeal. Appellant responded to the motions. The Court concludes it does not have jurisdiction over this appeal. The Court DISMISSES this appeal for want of jurisdiction. The Court DENIES appellee's motion for sanctions.


Summaries of

Spencer v. Advanced Telemktg

Court of Appeals of Texas, Fifth District, Dallas
Apr 2, 2003
No. 05-99-01778-CV (Tex. App. Apr. 2, 2003)
Case details for

Spencer v. Advanced Telemktg

Case Details

Full title:Johnny SPENCER, Appellant v. ADVANCED TELEMARKETING CORPORATION, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Apr 2, 2003

Citations

No. 05-99-01778-CV (Tex. App. Apr. 2, 2003)