Gibbs, Earl J. v. Bank One, Texas, A., F/K/A Deposit Insurance Bridge Bank

• Court: Court of Appeals of Texas
• Decided: May 4, 2021
• Docket: 05-90-01562-CV
• Status: Published

Opinion

Dismissed and Opinion Filed May 4, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-90-01562-CV

EARL J. GIBBS, Appellant V. BANK ONE, TEXAS, N.A., F/K/A DEPOSIT INSURANCE BRIDGE BANK, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. 89-01676-L

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Nowell Opinion by Justice Nowell We reinstate this appeal. This case was abated in 1991 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; however, nothing on that

system indicated that a bankruptcy case was still pending.

We then 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 the

appeal. See id. 42.3(b),(c).

901562f.p05 /Erin A. Nowell// ERIN A. NOWELL JUSTICE

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

EARL J. GIBBS, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-90-01562-CV V. Trial Court Cause No. 89-01676-L. Opinion delivered by Justice Nowell. BANK ONE, TEXAS, N.A., F/K/A Justices Osborne and Pedersen, III DEPOSIT INSURANCE BRIDGE participating. BANK, Appellee

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

Judgment entered this 4th day of May, 2021.

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