Barbara Kay (Cherry) Jaquess v. Clyde Bruce Cherry

• Court: Court of Appeals of Texas
• Decided: April 30, 2021
• Docket: 05-98-00071-CV
• Status: Published

Opinion

DISMISS and Opinion Filed April 30, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-98-00071-CV

BARBARA KAY (CHERRY) JAQUESS, Appellant V. CLYDE BRUCE CHERRY, Appellee

On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. 97-2990-Z

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Myers We reinstate this appeal. This case was abated in February 1998 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 July 31,

1998, 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. See id. 42.3(b),(c).

/Lana Myers/ LANA MYERS JUSTICE

980071F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BARBARA KAY (CHERRY) On Appeal from the 256th Judicial JAQUESS, Appellant District Court, Dallas County, Texas Trial Court Cause No. 97-2990-Z. No. 05-98-00071-CV V. Opinion delivered by Justice Myers. Justices Partida-Kipness and Garcia CLYDE BRUCE CHERRY, participating. Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered April 30, 2021

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