Commercial Recovery Systems, Inc. v. Caliber Home Loans, Inc. F/K/A Vericrest Financial, Inc. and Cerno Solutions, Inc.

• Court: Court of Appeals of Texas
• Decided: June 11, 2021
• Docket: 05-13-01227-CV
• Status: Published

Opinion

DISMISS and Opinion Filed June 11, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01227-CV

COMMERCIAL RECOVERY SYSTEMS, INC., Appellant V. CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. AND CERNO SOLUTIONS, INC., Appellees

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-07683

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Smith We reinstate this appeal. In 2014, we abated this case due to Commercial

Recovery Systems, Inc’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 October 24, 2018, 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); Brewer v. Admiral Ins. Co., 2002 WL 31312990, at *1

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

publication).

/Craig Smith/ CRAIG SMITH JUSTICE

131227F.P05

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

COMMERCIAL RECOVERY On Appeal from the 116th Judicial SYSTEMS, INC., Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-13-07683. No. 05-13-01227-CV V. Opinion delivered by Justice Smith. Justices Molberg and Goldstein CALIBER HOME LOANS, INC. participating. F/K/A VERICREST FINANCIAL, INC. AND CERNO SOLUTIONS, INC., Appellees

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

Judgment entered June 11, 2021

–3–