Opinion
No. 05-98-00022-CV
03-24-2020
TAMMY LYNN WAGGONER D/B/A TEXAS BONDING COMPANY, Appellant v. SHERIFF JIM BOWLES OF DALLAS COUNTY, TEXAS AND DALLAS COUNTY, Appellees
On Appeal from the 193rd Judicial District Court Dallas County, Texas
Trial Court Cause No. 96-11648-L
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Chief Justice Burns
We reinstate this appeal which was abated and administratively closed on May 15, 1998 due to appellant Tammy Lynn Waggoner's bankruptcy. Since the abatement, no party has communicated with the Court or taken steps to ensure the appeal proceeds forward.
By opinion dated May 15, 1998, this Court dismissed the appeal as to appellants Rick Wade, Shelia Herndon, and Richard Scott.
On January 28, 2020, the Court informed the parties by letter that it had learned that the bankruptcy case had been closed on October 20, 1998. The Court further informed the parties that the appeal would be administratively reinstated and dismissed for want of prosecution or for failure to respond to a Court order or notice from the Clerk of the Court unless any party, within ten days, gave cause as to why it should not be dismissed. See TEX. R. APP. P. 42.3(b), (c).
On February 6, 2020, Waggoner's counsel responded, stating that he had no objection to the Court dismissing the appeal as "necessary and appropriate." Appellees did not file a response. Accordingly, we dismiss the appeal. See id. 42.3(b).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 980022F.P05
JUDGMENT
TAMMY LYNN WAGGONER D/B/A TEXAS BONDING COMPANY, Appellant V. JIM BOWLES, SHERIFF OF DALLAS COUNTY, TEXAS AND DALLAS COUNTY, Appellees On Appeal from the 193rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. 96-11648-L.
Opinion delivered by Chief Justice Burns. Justices Molberg and Nowell participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees JIM BOWLES, SHERIFF OF DALLAS COUNTY, TEXAS AND DALLAS COUNTY recover their costs of this appeal, if any, from appellant TAMMY LYNN WAGGONER D/B/A TEXAS BONDING COMPANY. Judgment entered March 24, 2020