FM Forrest, Inc. and Fred F. Morgan v. Gruppo Formstar, LLC

• Court: Court of Appeals of Texas
• Decided: January 12, 2022
• Docket: 05-17-00797-CV
• Status: Published

Opinion

DISMISS and Opinion Filed January 12, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00797-CV

FM FORREST, INC. AND FRED F. MORGAN, Appellants V. GRUPPO FORMSTAR, LLC, Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-13975

MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns We reinstate this appeal. We abated this appeal in 2017 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 terminated on November 29, 2017,

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).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

170797F.P05

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

FM FORREST, INC. AND FRED F. On Appeal from the 191st Judicial MORGAN, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-16-13975. No. 05-17-00797-CV V. Opinion delivered by Chief Justice Burns. Justices Goldstein and Smith GRUPPO FORMSTAR, LLC, participating. Appellee

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

Judgment entered January 12, 2022

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