David and Wendy Meisenbach Limited Partnership v. Sameer P. Sethi, Sethi Operating Company, and Sethi Petroleum, Limited Liability Company

CourtCourt of Appeals of Texas
DecidedJuly 27, 2021
Docket05-15-00349-CV
StatusPublished

This text of David and Wendy Meisenbach Limited Partnership v. Sameer P. Sethi, Sethi Operating Company, and Sethi Petroleum, Limited Liability Company (David and Wendy Meisenbach Limited Partnership v. Sameer P. Sethi, Sethi Operating Company, and Sethi Petroleum, Limited Liability Company) 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
David and Wendy Meisenbach Limited Partnership v. Sameer P. Sethi, Sethi Operating Company, and Sethi Petroleum, Limited Liability Company, (Tex. Ct. App. 2021).

Opinion

DISMISS and Opinion Filed July 27, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00349-CV

DAVID AND WENDY MEISENBACH LIMITED PARTNERSHIP, Appellants V. SAMEER P. SETHI, SETHI OPERATING COMPANY, AND SETHI PETROLEUM, LIMITED LIABILITY COMPANY, Appellees

On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-01149-2014

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Garcia We reinstate this appeal. In June 2015, we abated this case due to the May 14,

2015 order of the United States District Court for the Eastern District of Texas,

appointing a receiver in a case involving appellees. Under that order, further action

in this appeal was stayed. In March of 2019, we requested a status update. Counsel

for appellees informed the Court of a new address but did not update the Court on

the status of the receivership or the appeal.

We subsequently conducted an independent review of the federal Public

Access to Court Electronic Records (PACER) system which shows the receivership associated with this appeal was terminated on August 9, 2017. We then notified the

parties by letter dated May 7, 2021, requesting they inform the Court of the status 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, no 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); Tex. Ranger Oil Co. v. Alamo Fluids, Inc., 2021 WL

1731795, at *1 (Tex. App.—Dallas May 3, 2021, no pet.) (mem. op.).

/Dennise Garcia/ DENNISE GARCIA JUSTICE

150349F.P05

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

DAVID AND WENDY On Appeal from the 429th Judicial MEISENBACH LIMITED District Court, Collin County, Texas PARTNERSHIP, Appellants Trial Court Cause No. 429-01149- 2014. No. 05-15-00349-CV V. Opinion delivered by Justice Garcia. Justices Myers and Partida-Kipness SAMEER P. SETHI, SETHI participating. OPERATING COMPANY, AND SETHI PETROLEUM, LIMITED LIABILITY COMPANY, Appellees

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

Judgment entered July 27, 2021

–3–

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David and Wendy Meisenbach Limited Partnership v. Sameer P. Sethi, Sethi Operating Company, and Sethi Petroleum, Limited Liability Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-and-wendy-meisenbach-limited-partnership-v-sameer-p-sethi-sethi-texapp-2021.