Alfonso Chan v. SLK Builders, LLC and Randall Duke
This text of Alfonso Chan v. SLK Builders, LLC and Randall Duke (Alfonso Chan v. SLK Builders, LLC and Randall Duke) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISMISS and Opinion Filed May 26, 2021
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01326-CV
ALFONSO CHAN, Appellant V. SLK BUILDERS, LLC AND RANDALL DUKE, Appellees
On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-09748
MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Goldstein We reinstate this appeal. This case was abated in February 2019 due to SLK
Builders, LLC’s bankruptcy proceeding. 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 terminated on April 23, 2019, 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 the parties that the case would
be reinstated and dismissed for want of prosecution unless any party gave cause as
to why it should not be dismissed. See TEX. R. APP. P. 42.3(b),(c). In response, appellant filed a motion to retain the appeal, in which he requests the Court to
reinstate the appeal. Appellant did not, however, provide any explanation for the
two-year delay in requesting the appeal to be reinstated.
Because we gave appellant the opportunity to show why we should not
dismiss the appeal for want of prosecution and appellant failed to do so, we dismiss
this appeal. See id. 42.3(b),(c).
/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE
181326F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ALFONSO CHAN, Appellant On Appeal from the 160th Judicial District Court, Dallas County, Texas No. 05-18-01326-CV V. Trial Court Cause No. DC-18-09748. Opinion delivered by Justice SLK BUILDERS, LLC AND Goldstein. Justices Molberg and RANDALL DUKE, Appellees Smith participating.
In accordance with this Court’s opinion of this date, this appeal is DISMISSED.
Judgment entered May 26, 2021
–3–
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