Opinion
No. 05-85-01392-CV
05-05-2021
TEXAS BUSINESS TELECOMMUNICATION SERVICES, INC., Appellant v. POTOMAC LEASING COMPANY & GLO DEAN TAYLOR D/B/A GLODENE ENTE, Appellees
On Appeal from the 160th Judicial District Court Dallas County, Texas
Trial Court Cause No. 85-4608-H
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Goldstein, and Justice Smith
Opinion by Chief Justice Burns
We reinstate this appeal. This case was abated in 1986 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 closed on May 31, 1989, 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. The letter to appellant's attorney was returned because the address was no longer current. Appellant's counsel has not withdrawn from representation and has failed to provide the Court with an up-to-date address.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 851392F.P05
JUDGMENT
On Appeal from the 160th Judicial District Court, Dallas County, Texas
Trial Court Cause No. 85-4608-H.
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 5, 2021