Broyhill Furniture Industries v. Randy Murphy and Dave Shaffer

CourtCourt of Appeals of Texas
DecidedJuly 21, 2021
Docket05-11-01545-CV
StatusPublished

This text of Broyhill Furniture Industries v. Randy Murphy and Dave Shaffer (Broyhill Furniture Industries v. Randy Murphy and Dave Shaffer) 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.

Bluebook
Broyhill Furniture Industries v. Randy Murphy and Dave Shaffer, (Tex. Ct. App. 2021).

Opinion

Dismissed and Opinion Filed July 21, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-01545-CV

BROYHILL FURNITURE INDUSTRIES, Appellant V. RANDY MURPHY AND DAVE SHAFFER, Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. 08-13276

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Partida-Kipness We reinstate this appeal. In 2013, we abated this case due to Broyhill Furniture

Industries’ 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 does not show a pending bankruptcy case associated with this appeal.

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

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

publication).

/Robbie Partida-Kipness/ 111545f.p05 ROBBIE PARTIDA-KIPNESS JUSTICE

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

BROYHILL FURNITURE On Appeal from the 44th Judicial INDUSTRIES, Appellant District Court, Dallas County, Texas Trial Court Cause No. 08-13276. No. 05-11-01545-CV V. Opinion delivered by Justice Partida- Kipness. Justices Myers and Garcia RANDY MURPHY AND DAVE participating. SHAFFER, Appellees

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

Judgment entered this 21st day of July, 2021.

–3–

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Broyhill Furniture Industries v. Randy Murphy and Dave Shaffer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broyhill-furniture-industries-v-randy-murphy-and-dave-shaffer-texapp-2021.