Burgess, Lonnie and All Occupants v. Hardy Credit Co, the Successors and or Assignees of Liberty Savings Bank FSB

CourtCourt of Appeals of Texas
DecidedApril 30, 2021
Docket05-11-00429-CV
StatusPublished

This text of Burgess, Lonnie and All Occupants v. Hardy Credit Co, the Successors and or Assignees of Liberty Savings Bank FSB (Burgess, Lonnie and All Occupants v. Hardy Credit Co, the Successors and or Assignees of Liberty Savings Bank FSB) 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.

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Burgess, Lonnie and All Occupants v. Hardy Credit Co, the Successors and or Assignees of Liberty Savings Bank FSB, (Tex. Ct. App. 2021).

Opinion

DISMISS and Opinion Filed April 30, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-00429-CV

LONNIE BURGESS AND ALL OCCUPANTS, Appellants V. HARDY CREDIT CO, THE SUCCESSORS AND OR ASSIGNEES OF LIBERTY SAVINGS BANK FSB, Appellee

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-10-02543-C

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Goldstein We reinstate this appeal. This case was abated in 2011 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 August 25, 2011, 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).

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE

110429F.P05

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

BURGESS, LONNIE AND ALL On Appeal from the County Court at OCCUPANTS, Appellants Law No. 3, Dallas County, Texas Trial Court Cause No. CC-10-02543- No. 05-11-00429-CV V. C. Opinion delivered by Justice HARDY CREDIT CO, THE Goldstein. Justices Molberg and SUCCESSORS AND OR Smith participating. ASSIGNEES OF LIBERTY SAVINGS BANK FSB, Appellee

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

Judgment entered April 30, 2021

–3–

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