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

• Court: Court of Appeals of Texas
• Decided: November 24, 2015
• Docket: 05-11-00625-CV
• Status: Published

Opinion

Dismissed and Opinion Filed November 24, 2015

S Court of Appeals In The

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

MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright On March 6, 2012, the Court abated this appeal due to the filing of bankruptcy by

appellant. By letter dated August 24, 2015, appellee responded to a letter from this Court

inquiring about the status of the bankruptcy proceedings. Appellee informed the Court the

proceedings had been closed and attached orders from the bankruptcy court in support. By order

dated August 24, 2015 we reinstated the appeal and ordered appellant to file, by August 31,

2015, either a motion to dismiss the appeal or written verification that he intended to pursue the

appeal. We cautioned appellant that failure to file the requested documents would result in the

dismissal of this appeal without further notice. To date, appellant has not filed a motion to

dismiss, written verification of his intent to pursue the appeal, or otherwise corresponded with

the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(b),(c).

110625F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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

LEMDELL BEACHAM, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-11-00625-CV V. Trial Court Cause No. 10-09160. Opinion delivered by Chief Justice Wright. LOAN CARE SERVICING CENTER INC. Justices Lang-Miers and Stoddart & WATERFALL VICTORIA participating. MASTERFUND, Appellees

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

It is ORDERED that appellees LOAN CARE SERVICING CENTER INC. & WATERFALL VICTORIA MASTERFUND recover its costs of this appeal from appellant LEMDELL BEACHAM.

Judgment entered November 24, 2015.

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