Engine Tech World-Wide Trading, Inc. v. Kristen S. Ditto

• Court: Court of Appeals of Texas
• Decided: April 30, 2021
• Docket: 05-95-00599-CV
• Status: Published

Opinion

DISMISS and Opinion Filed April 30, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-95-00599-CV

ENGINE TECH WORLDWIDE TRADING CENTER, INC. A/K/A TECH- ENGINE CENTERS, INC. A/K/A ENGINE TECH, INC. A/K/A TECH- ENGINE REBUILDERS, INC., Appellant V. KRISTEN S. DITTO AND CHRISTOPHER DITTO, Appellees

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. 93-2180-E

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Partida-Kipness We reinstate this appeal. This case was abated in 1995 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 September 30, 1999, 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, no parties have 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).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

950599F.P05

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

ENGINE TECH WORLDWIDE On Appeal from the County Court at TRADING CENTER, INC. A/K/A Law No. 5, Dallas County, Texas TECH-ENGINE CENTERS, INC. Trial Court Cause No. 93-2180-E. A/K/A ENGINE TECH, INC. A/K/A Opinion delivered by Justice Partida- TECH-ENGINE REBUILDERS, Kipness. Justices Myers and Garcia INC., Appellant participating.

No. 05-95-00599-CV V.

KRISTEN S. DITTO AND CHRISTOPHER DITTO, Appellees

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

It is ORDERED that appellee KRISTEN S. DITTO AND CHRISTOPHER DITTO recover their costs, if any, of this appeal from appellant ENGINE TECH WORLDWIDE TRADING CENTER, INC. A/K/A TECH-ENGINE CENTERS, INC. A/K/A ENGINE TECH, INC. A/K/A TECH-ENGINE REBUILDERS, INC.

Judgment entered April 30, 2021

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