Deloris Phillips v. Porshala Danyel Phillips and William Brent ( 2021 )

DISMISS and Opinion Filed May 7, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00659-CV
DELORIS PHILLIPS, Appellant
V.
PORSHALA DANYEL PHILLIPS AND WILLIAM BRENT, Appellees
On Appeal from the 254th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-18-00541
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Smith
Opinion by Chief Justice Burns
We abated this appeal in November 2018 after appellant informed the Court
she had removed the action to federal district court. See 28 U.S.C. § 1446(d). Our
order abating the appeal provided that we would reinstate the appeal upon receipt of
a certified copy of an order on remand. See id. § 1447(c); Gonzalez v. Guilbot, 135
S.W.3d 533, 537-38 (Tex. 2010).
In March 2021, having had no communication from the parties since the
abatement, we conducted an independent review of the Public Access to Court
Electronic Records (PACER) system and learned the federal district court had signed
an order closing the case in late 2018. We reinstated the appeal on March 29 and
directed appellant to file, no later than April 8, 2021, a letter showing cause as to
why the appeal should not be dismissed for want of prosecution or failure to respond
to a Court order or notice. See TEX. R. APP. P. 42.3(b),(c). To date, appellant has
not responded. Accordingly, as no activity has occurred in the appeal in over two
years, we dismiss the appeal. See id. 42.3(b),(c).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
180659F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DELORIS PHILLIPS, Appellant On Appeal from the 254th Judicial
District Court, Dallas County, Texas
No. 05-18-00659-CV V. Trial Court Cause No. DF-18-00541.
Opinion delivered by Chief Justice
PORSHALA DANYEL PHILLIPS Burns. Justices Molberg and Smith
AND WILLIAM BRENT, Appellees participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered May 7, 2021.
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