Beacham, Lendell v. Loan Care Servicing Center Inc. & Waterfall Victoria Masterfund

• Court: Court of Appeals of Texas
• Decided: August 26, 2015
• Docket: 05-11-00625-CV
• Status: Published

Opinion

Order entered August 24, 2015

In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-00625-CV

LENDELL BEACHAM, Appellant

V.

LOAN CARE SERVICING CENTER INC. & WATERFALL VICTORIA MASTERFUND, Appellees

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. 10-09160

ORDER The Court REINSTATES this appeal.

On March 6, 2012, we abated this appeal due to the filing of bankruptcy by appellant. In

response to our July 27, 2015 letter inquiring about the status of the bankruptcy proceeding, we

received a letter from appellees’ counsel stating that the bankruptcy proceedings are closed.

Copies of the orders from the bankruptcy court are attached to the letter. Accordingly, the appeal

may now proceed.

At the time the appeal was abated, appellant had filed an affidavit of indigence and a

contest to the affidavit had been filed. However, due to appellant’s filing bankruptcy, no hearing

was conducted on the contest. The filing fee for the appeal had been paid, but the clerk’s and reporter’s records had not been filed prior to the bankruptcy abatement. Therefore, this is the

order of the Court.

We ORDER appellant to file, by AUGUST 31, 2015, either a motion to dismiss the

appeal or written verification that appellant intends to pursue the appeal. If we do not receive

either a motion to dismiss or appellant’s verification that he intends to pursue the appeal, the

Court will, without further notice, dismiss the appeal. See TEX. R. APP. P. 42.3.

We DIRECT the Clerk to send copies of this order to Lendell Beacham and counsel for

appellees.

/s/ CAROLYN WRIGHT CHIEF JUSTICE