Connie A. Fletcher and Frank J. Brewer v. Deborah C. Brett, Not Individually but as the Guardian of James E. Brewer

CourtCourt of Appeals of Texas
DecidedJune 11, 2021
Docket05-95-01209-CV
StatusPublished

This text of Connie A. Fletcher and Frank J. Brewer v. Deborah C. Brett, Not Individually but as the Guardian of James E. Brewer (Connie A. Fletcher and Frank J. Brewer v. Deborah C. Brett, Not Individually but as the Guardian of James E. Brewer) 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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Connie A. Fletcher and Frank J. Brewer v. Deborah C. Brett, Not Individually but as the Guardian of James E. Brewer, (Tex. Ct. App. 2021).

Opinion

Dismissed and Opinion Filed June 11, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-95-01209-CV

CONNIE A. FLETCHER AND FRANK J. BREWER, Appellants V. DEBORAH C. BRETT, NOT INDIVIDUALLY BUT AS THE GUARDIAN OF JAMES E. BREWER, Appellee

On Appeal from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. 95-622-P2(A)

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Nowell Opinion by Justice Pedersen, III We reinstate this appeal. In 1996, we abated this case due to Connie A.

Fletcher’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 May

28, 2004, 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).

/Bill Pedersen, III// 951209f.p05 BILL PEDERSEN, III JUSTICE

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

CONNIE A. FLETCHER AND On Appeal from the Probate Court FRANK J. BREWER, Appellants No. 2, Dallas County, Texas Trial Court Cause No. 95-622-P2(A). No. 05-95-01209-CV V. Opinion delivered by Justice Pedersen, III. Justices Osborne and DEBORAH C. BRETT, NOT Nowell participating. INDIVIDUALLY BUT AS THE GUARDIAN OF JAMES E. BREWER, Appellee

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

Judgment entered this 11th day of June, 2021.

–3–

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Connie A. Fletcher and Frank J. Brewer v. Deborah C. Brett, Not Individually but as the Guardian of James E. Brewer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connie-a-fletcher-and-frank-j-brewer-v-deborah-c-brett-not-texapp-2021.