Biorno, Inc., D/B/A Peoples Restaurants and Lounge v. Print Systems, Inc.

• Court: Court of Appeals of Texas
• Decided: May 5, 2021
• Docket: 05-85-00554-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 5, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-85-00554-CV

BIORNO, INC., D/B/A PEOPLES RESTAURANTS AND LOUNGE, Appellant V. PRINT SYSTEMS, INC., Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. cc-84-9790-e

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Chief Justice Burns We reinstate this appeal. This case was abated in 1985 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; however, nothing on that

system indicated that a bankruptcy case was still pending.

We then 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). The letter to appellant’s attorney was returned because the address was no longer current. Appellant’s counsel has not withdrawn from representation and

has failed to provide the Court with an up-to-date address. See TEX. R. APP. P. 6.5;

5th Tex. App. (Dallas) Loc. R. 2.

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); Brewer v. Admiral Ins. Co., 2002 WL 31312990, at *1

(Tex. App.—Dallas Oct. 16, 2002, no writ) (per curiam) (not designated for

publication).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

850554F.P05

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

BIORNO, INC., D/B/A PEOPLES On Appeal from the County Court at RESTAURANTS AND LOUNGE, Law No. 5, Dallas County, Texas Appellant Trial Court Cause No. cc-84-9790-e. Opinion delivered by Chief Justice No. 05-85-00554-CV V. Burns. Justices Molberg and Smith participating. PRINT SYSTEMS, INC., Appellee

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

Judgment entered May 5, 2021

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