Western Secured Investments Company v. Dale Murphree ( 2021 )

DISMISS and Opinion Filed May 10, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-96-01637-CV
WESTERN SECURED INVESTMENTS COMPANY, Appellant
V.
DALE MURPHREE, Appellee
On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-94-10000-D
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Schenck
We reinstate this appeal. This case was abated in January 1997 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 dismissed on April 30,
2001, 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 for want of prosecution. See id. 42.3(b),(c).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
961637F.P05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
WESTERN SECURED On Appeal from the County Court at
INVESTMENTS COMPANY, Law No. 4, Dallas County, Texas
Appellant Trial Court Cause No. CC-94-10000-
D.
No. 05-96-01637-CV V. Opinion delivered by Justice
Schenck. Justices Reichek and
DALE MURPHREE, Appellee Carlyle participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered May 10, 2021
–3–