Charles D. Guskey, A/K/A Charles Duane v. Cach, Llc

CourtCourt of Appeals of Texas
DecidedJune 14, 2021
Docket05-16-00915-CV
StatusPublished

This text of Charles D. Guskey, A/K/A Charles Duane v. Cach, Llc (Charles D. Guskey, A/K/A Charles Duane v. Cach, Llc) 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
Charles D. Guskey, A/K/A Charles Duane v. Cach, Llc, (Tex. Ct. App. 2021).

Opinion

Dismiss and Opinion Filed June 14, 2021

In the Court of Appeals Fifth District of Texas at Dallas No. 05-16-00915-CV

CHARLES D. GUSKEY A/K/A CHARLES DUANE, Appellant V. CACH, LLC, Appellee

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-02779

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle We reinstate this appeal. In 2017, we abated this case due to CACH, LLC’s

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 terminated on February 12,

2020, effectively dissolving the automatic stay.

We notified the parties by letter dated May 7, 2021, 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); Cross v. Beutel, No. 05-91-01700-CV, 2021 WL

1851040, at *1 (Tex. App.—Dallas May 10, 2021, no pet. h.) (mem. op.).

/Cory L. Carlyle// 160915f.p05 CORY L. CARLYLE JUSTICE

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

CHARLES D. GUSKEY A/K/A On Appeal from the 298th Judicial CHARLES DUANE, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-15-02779. No. 05-16-00915-CV V. Opinion delivered by Justice Carlyle. Justices Schenck and Reichek CACH, LLC, Appellee participating.

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

Judgment entered this 14th day of June, 2021.

–3–

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Charles D. Guskey, A/K/A Charles Duane v. Cach, Llc, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-d-guskey-aka-charles-duane-v-cach-llc-texapp-2021.